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 became final and conclusive.

(e).

Punishment of the crime

[2016 Highest 839] The Defendant is an employer who is the representative of D Co., Ltd. in the Haak-gun, Chungcheongnam-nam, who ordinarily employs 12 workers and operates the steel structure manufacturing business.

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 of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the foregoing workplace from December 7, 2015 to March 25, 2016, did not pay the total of 6,345,760 won, including the total of 6,345,760 won of wages and annual settlement refunds of retired workers E, and the total of 35,689,526 won of wages and annual settlement refunds of employees in the above workplace, as shown in the crime daily table in attached Table 1, within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date.

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

Nevertheless, the Defendant did not pay KRW 3,771,30 of the F retirement allowance of the retired worker at the same workplace as indicated in the attached Table 1 List No. 5, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

[2016 Highest 990] The Defendant is an employer as a business manager who ordinarily employs 12 workers as the representative of D Co., Ltd., Ltd., located in Hanam-gun, Hanam-gun, and operates steel structure manufacturing business.

When a worker dies or retires, the employer shall commence at the time when the cause for such death or retirement occurred.