The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal: Sentencing (the first instance court shall be punished by imprisonment with prison labor for not more than six months and one year suspended from execution);

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

1) The lower court determined that the statutory penalty of Article 109(1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; Act No. 15108, May 29, 2018) is “a imprisonment with prison labor for not more than three years or a fine not exceeding twenty million won.” However, among the instant workers, the date of retirement of H is May 31, 2018; the date of retirement of I is June 22, 2018. Article 36 of the Labor Standards Act provides that if a worker dies or retires, the employer shall be subject to the payment of wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred; Article 109(1) of the Labor Standards Act (amended by Act No. 1509, May 29, 201; see, e.g., Supreme Court Decision 197Du10614, Jul. 14, 197).

However, the defendant did not prosecute the worker F with the fact that he was prosecuted only with the delayed payment of retirement pay, and that he was in arrears with wages.

Nevertheless, the court below violated the Labor Standards Act with respect to workers F.