A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment 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 employer who runs a manufacturing business as a DNA representative director, a corporation with sub-si C and 401 Dong 702.

[2017 Highest 2606]

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

Nevertheless, the Defendant had worked from June 1, 2015 to September 30, 2017 at the said workplace, and had not paid the total of KRW 48,360,003 of the wages of two retired workers, as shown in the attached crime list (1) as shown in the previous crime list, including KRW 2,916,667, Jan. 1, 2017, which was retired, within 14 days from the date on which the cause for payment occurred, without any agreement between the parties on the extension of the payment date.

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 in special circumstances, the payment date may be extended by an agreement between the parties.

Nevertheless, the defendant worked in the above workplace from June 1, 2015 to September 30, 2017 and did not pay 15,227,162 won in total for two retired workers, such as retirement pay 9,443,121 won, as shown in the list of crimes in the attached Table (1) of the crime committed.

[2017 Highest 272]

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.

Defendant from Sep. 20, 2016 to Oct. 20, 2017.