A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is the user who employs 20 full-time workers as the representative of (ju) D in Seoul Mapo-gu Seoul Metropolitan Government 3 buildings and operates online content provision business.

1. Violation of the Labor Standards Act;

(a) If an employee dies or retires, the employer of the portion in arrears of wages shall pay him/her wages, compensations, and other money or valuables within 14 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 had worked from October 6, 2014 to December 31, 2015 at the said workplace and had retired workers E’ wages of KRW 1,50,000 on October 2015, 200, pro rata wage of KRW 1,500,000 on November 2015, and KRW 4,500,000 on December 2015, including the wage of KRW 1,50,000 on December 2015, the Defendant did not pay KRW 19,21,861 on the aggregate of wages of KRW 19,21,00 on workers from each retirement date without agreement on the extension of the payment date between the parties.

(b) An employer who has not paid advance notice of dismissal shall give the advance notice of dismissal at least 30 days, and shall pay not less than 30 days ordinary wages if the employer has not given such advance notice of dismissal at least 30 days.

Nevertheless, on December 31, 2015, the defendant dismissed three workers, including E, who worked from around October 6, 2014 at the above workplace without prior notice, and paid 6,028,706 won in total, as stated in the list of crimes in the attached Table, for each 30-day advance notice of dismissal, immediately on the date of dismissal.

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, the defendant at the above workplace on October 6, 2014.