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 7464] The Defendant is a person who operates a public performance exhibition business in Gangnam-gu Seoul Metropolitan Government Co., Ltd.

1. An employer who has not paid wages for five workers shall, if the worker retires, pay the wages, etc. within 14 days after the ground for such payment occurred;

Nevertheless, the Defendant did not pay KRW 10,897,390 of the wages of workers D who retired while working in the said workplace from May 1, 2016 to June 30, 2017, within 14 days from the date of retirement, without an agreement between the parties on the extension of the payment deadline.

In addition, as stated in the attached list of crimes committed by the Defendant, the Defendant submitted a written application for non-taxation to the employees G who did not pay the total amount of KRW 39,397,390 to four employees of the above workplace within 14 days from the date of retirement, and the prosecutor revoked the public prosecution against the violation of the Labor Standards Act in arrears with G at the fifth day and decided to dismiss the public prosecution.

2. If an employer who has not paid the pre-employment allowance for six workers intends to dismiss the worker, he/she shall do so at least 30 days prior to the dismissal, and if he/she did not do so 30 days prior to the dismissal, he/she shall pay at least 30 days ordinary wages

Nevertheless, the Defendant was dismissed as of June 30, 2017, and paid 2,000,000 won of the pre-employment allowance on the date of dismissal, when the Defendant was dismissed as of June 30, 2017, workers E, retired from the said workplace from around November 1, 2016.

In addition, the Defendant did not immediately pay the total of KRW 14,300,000 to six workers of the above workplace as well as the written notice of dismissal in the attached list of crimes.

3. An employer who has not paid a retirement allowance to two workers shall, if the worker retires, pay the retirement allowance within 14 days from the date on which the grounds for such payment occurred.

Nevertheless, the defendant is a retirement allowance of D. 3.