A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[2017 Highest 474] The Defendant is the actual manager of C Co., Ltd. in Chungcheongbuk-gun B, who employs 12 full-time workers and operates a glass processing business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Defendant (i) retired from the said workplace as of October 6, 2015 to December 31, 2015, the sum of wages of KRW 2,463,640, and wages of KRW 4,511,05,05, including wages of KRW 2,467,365, October 1, 2014 to November 25, 2015, were retired from the said workplace without an agreement on the extension of the payment date between the parties to the said workplace, respectively, within 14 days from the date of retirement.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Defendant did not pay KRW 873,186 of the retirement allowances of the above E, which retired from the said workplace from November 1, 2014 to November 25, 2015, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between the parties.

[2017 Highest 481] The Defendant is a representative director of F Co., Ltd. in the Chungcheongnambuk-gun B, who employs 30 full-time workers and operates a manufacturing business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.