A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[2018 Highest 3404] The defendant is the representative of the Dispute Resolution Co., Ltd., which is in the Gyeongbuk-gun B, and is an employer who operates a direct water manufacturing business using ten full-time workers.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay the 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, while working in the said workplace from July 3, 2013 to May 31, 2018, did not pay KRW 10,000,000,000 as wages of March 2018, 2018, wages of KRW 4,000,000 on April 2018, and wages of KRW 4,000,000 on May 3, 2018, without an agreement between the parties on extension of the due date, within 14 days from the date of retirement.

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

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

Nevertheless, from July 3, 2013 to May 31, 2018, the employee D's retirement allowance of 19,242,870 won was not paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

[2019 Highest 1829] The defendant is an employer who operates textile job placement business using 10 full-time workers, among the parties to the dispute settlement agreement and the operators of E in the Gyeongbuk-gun B.

When a worker retires, the employer shall pay the wages, compensations, and other money, valuables, and retirement allowances within fourteen days after the cause for such payment occurred.

The defendant shall work in the place of the business of the LABC during the period from March 5, 2018 to March 4, 2019.

1. Wage of retired workers 1,265,630 won on November 2018, 2018, wage of 3,200,000 won on December 2018, and wage of 2,80,000 won on January 2019;