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

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

Criminal facts

Some of the facts charged were corrected.

[2019 Highest 2847] The Defendant is an actual operator of C Co., Ltd. located in Gwangju City, who ordinarily employs seven workers.

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;

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

Nevertheless, the Defendant did not pay the total amount of KRW 36,183,216 to 14 days from the date of each retirement without agreement between the parties on the extension of the due date for payment, as stated in the attached Table 1, as well as KRW 2,227,30 of the wages of KRW 36,183,216 of workers D, who worked in the above workplace from August 1, 2016 to April 30, 2018.

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

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

Nevertheless, the Defendant did not pay KRW 7,308,964 of D retirement pay from August 1, 2016 to April 30, 2018 at the same place of business within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

[2020 order group124] The Defendant is the actual operator of C Co., Ltd. located in Gwangju City, who employs three full-time workers and operates the manufacturing 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;

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

Nevertheless, it is not appropriate.