A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant of "2018 Highest 3142" is the representative director of C in the third floor of building B in Daegu-gu, the defendant is an employer who runs cleaning services, facility security services, etc. using 90 regular workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen 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, while working in the Gu-si D Building site from April 1, 2016 to March 31, 2017 and retired workers E’s unpaid annual paid leave allowances, including KRW 647,412, and KRW 7,336,932 of unpaid annual paid leave allowances of 13 retired workers, and KRW 1,012,55, and KRW 1,017,555, annual paid leave allowances of 371,272, and KRW 383,827, as shown in attached Table 1, did not pay the retirement workers’ retirement allowances within 14 days from the date of the occurrence of the cause for payment, without agreement on the extension of the payment.

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 worked at the building site in the Gu and Si/Gu, from April 1, 2016 to March 31, 2017, and then retired workers E retirement allowance of KRW 12,598,278, including KRW 1,294,826 of retirement allowances of retired workers, as shown in attached Table 1 of the crime list. 14 days from the date of retirement, which is the date on which the cause for the payment occurred, without any agreement between the parties to the payment.