A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Punishment of the crime

Defendant 1 is an employer who operates an information and communications construction business using five full-time workers as the actual management owner of a limited company D located in Geumcheon-gu Seoul Special Metropolitan City Co., Ltd. in Seoul Special Metropolitan City.

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

Nevertheless, from May 14, 2012 to October 24, 2016, the Defendant did not pay E’s wages of 6,437,850 won ( KRW 1,403,770 for June, 2016, KRW 7, KRW 2,194,890 for August, 201, and KRW 64,30 for September 3 to October 24, 2016) and F’s wages of 4,876,450 won ( KRW 1,064,760 for June, 2016, KRW 1,658, KRW 430 for each party’s retirement from April 3, 2013 to October 24, 2016) within 1,8,658, KRW 430 for each party’s retirement from office without agreement.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, from May 14, 2012 to October 24, 2016, did not pay KRW 8,391,329 of E retirement pay and KRW 5,29,536 of F retirement pay retired from the said workplace within 14 days from the date of retirement without agreement on the extension of the due date for payment between the parties.

"2017 Highest 1095"

3. The Defendant is an insured person of the National Pension Service for the representative interest of the company D with limited liability located in Geumcheon-gu Seoul Special Metropolitan City.

The employer of a person who has joined a national pension workplace shall be subject to the imposition of pension premiums from the Health Insurance Corporation.