A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[2017 Highest 263] The Defendant is the representative of C in Jeonbuk-gun B, who employs 20 full time workers and operates the livestock industry.

1. When a worker dies or 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;

Nevertheless, the Defendant had worked from February 26, 2015 to April 28, 2017 at the above workplace and had not paid KRW 2,300,000 for the monthly wage of January 2017 as well as KRW 12,259,677 for three workers, as described in the table of crimes in attached Table 1, 6, and 7, did not make payment without any agreement 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 the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant did not pay KRW 4,96,986 of D retirement pay to seven workers, as described in the No. 1 or No. 7 of the attached Table of Crimes, as well as the total amount of KRW 22,948,423 of retirement pay to seven workers, as described in the aforementioned workplace from February 26, 2015 to April 28, 2017.

[2018 Highest 95] The Defendant is the representative of C in the Jeonbuk-gun B, who employs 20 full time workers and operates the livestock industry.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 1,791,160 of retirement allowances E, which was retired from the said workplace from January 18, 2016 to April 24, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

[2017 Height263] 1.