A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is an actual operator who has been entrusted with the management right of C, a corporation established for the purpose of development and sale of special cement, etc. with the head office located in B at the time of harmony, and is engaged in the manufacturing industry using 22 full-time workers.

1. Violation of the Labor Standards Act;

(a) An employer who has not paid an advance payment for dismissal shall, if he/she intends to dismiss the employee, give the advance payment at least 30 days prior to the dismissal, and if he/she did not give the advance payment 30 days prior to the dismissal, he/she shall pay the ordinary wages for

Nevertheless, from January 13, 2014 to September 26, 2019, the Defendant dismissed workers D (former names: E) who provided labor at the same workplace without notice of dismissal, and did not pay KRW 4,500,000 of the pre-employment allowance.

(b) When a worker dies or retires, the employer who has violated the obligation to liquidate money or valuables shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, from May 6, 2008 to August 31, 2019, the Defendant did not pay total of KRW 24,114,756, including wages, etc. to employees F who retired from the said workplace as well as KRW 96,97,84, including wages, etc. for four workers, within 14 days from each retirement date without an agreement on the extension of the payment period between the parties, as described in the attached crime sight table.

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

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

Nevertheless, from May 6, 2008 to August 31, 2019, the Defendant is working in the above workplace and is working in F with retirement allowances of 50,225.