A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

[2014 Highest 2930] The defendant is the representative of C, a corporation with the same 203-2 non-dong-dong-dong-dong-dong-dong-si, Youngyang-si, who is engaged in human resources supply business by using 37 full-time workers.

1. Violation of the Labor Standards Act;

(a) When an employer who has violated the advance notice of dismissal intends to dismiss a worker, he/she shall do so at least 30 days prior to the dismissal, and when failing to do so 30 days prior to the dismissal, he/she shall pay not less than 30 days ordinary wages;

Nevertheless, on August 31, 2014, the Defendant dismissed workers D who worked at the above workplace without the prior notice of dismissal, but did not pay at least 2,384,792 won of ordinary wages for 30 days, as stated in the list of crimes in the same day, dismissed five workers without the prior notice of dismissal, and did not pay at least 7,523,948 won of ordinary wages for 30 days.

(b) When a worker dies or retires, an employer violating his/her obligation to liquidate money or valuables shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless the date is extended by agreement between the parties concerned;

Nevertheless, the Defendant did not pay two million won of wages and allowances of E retired workers from the said workplace from August 1, 2013 to October 10, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date between the parties.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him retirement allowances within fourteen days after any cause for such payment occurred, unless the payment is extended by agreement between the parties concerned.

Nevertheless, the Defendant, while working in the above workplace from March 2, 201 to August 27, 2014, 14 days from the date of retirement 14 days from the date of retirement without agreement between the parties on the extension of the due date.