A defendant shall be punished by imprisonment with prison labor for a year and a fine of one million won.

When the defendant does not pay the above fine.

Punishment of the crime

Defendant 1, “2016 Highest 1570, Defendant 1, as the representative director of Gumi-si X, is an employer who runs a manufacturing business using 20 full-time employees.

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

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

Nevertheless, the Defendant did not pay the sum of KRW 180,510 paid in October 2015, and KRW 243,510 paid in November 2015, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, as stated in the foregoing workplace from May 13, 2015 to December 15, 2015, including the sum of KRW 180,510 paid in October 2015, and KRW 423,510 paid in November 2015, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

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

Nevertheless, the Defendant did not pay 2,057,448 won of AA’s retirement allowance from around December 8, 2014 to May 31, 2016 to 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, and did not pay 10,13,14, 16, 17, 20, 22, 23,947,291 won, including 23,97,291 won, in total, of the nine employees’ retirement allowances, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.