A defendant shall be punished by imprisonment with prison labor 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

The Defendant is the C representative in Chungcheong-gun B, who is a full-time worker, and is an employer who performs the banner production work using five full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 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 KRW 5,576,00,00 in total, including the amount of KRW 1,60,000 on September 4, 2014 through January 13, 2017, to employees D, who retired from the said workplace, within 10,000,000 for pro rata wage of October 2016, the amount of KRW 1,60,000 for pro rata wage of December 2016, the amount of KRW 1,60,000 for pro rata wage of December 2016, the amount of KRW 1,60,000 for pro rata wage of KRW 676,00 for pro rata wage of January 13, 2017, within 14 days from the date of such payment without an agreement between the parties on the extension of the payment date and KRW 194,00 for pro rata workers within 198,70 days from the date of such payment, without an agreement between the parties to retirement.

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.

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

Nevertheless, the Defendant, as indicated in the list of crimes in the attached Form, has not paid KRW 3,833,701 to retired workers D's retirement pay to the said workplace from August 4, 2014 to January 13, 2017, without agreement between the parties on the extension of the payment date, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment. In addition, the Defendant, as indicated in the list of crimes in the attached Form, has paid KRW 12,58,332 to four employees' retirement pay.