A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[2016 Highest 2230] The defendant is the representative of the Co., Ltd. in Ansan-si Member B, who used 29 full-time workers and engaged in the manufacturing of electronic parts.

1. When an employer violating the Labor Standards Act retires, he/she shall pay wages, compensations, and all other money and valuables, unless the parties have agreed to extend the fixed date, due to special circumstances, within 14 days after the cause for such payment occurred;

The Defendant, as before October 6, 2014 to February 5, 2016, did not pay the total of KRW 5,801,118 of the wages of employees D, who were employed in the said workplace, within 14 days from the date of retirement without agreement on the extension of the fixed date between the parties, and did not pay KRW 31,330,438 of the wages of four retired workers, such as the “crime table” as in the attached Table, within 14 days from the date of retirement, without agreement on the extension of the fixed date between the parties.

2. An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties concerned on the extension of the fixed date.

The Defendant did not pay KRW 3,055,430 of retirement pay to retired workers D who worked in the said workplace from October 6, 2014 to February 5, 2016, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties, as well as KRW 22,184,130, total amount of retirement pay of three retired workers, as in the attached Table “crime table”, without any agreement on the extension of the due date between the parties.

[2016 Highest 3537] The defendant is the representative of the Co., Ltd. in Ansan-si Group B, which is an employer who has been engaged in the manufacturing of electronic parts by using 29 full-time workers.

1. If an employer violating the Labor Standards Act retires, the reason for such payment;