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

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

Punishment of the crime

The Defendant is an employer who operates a manufacturer of motor vehicle parts by employing 30 full-time workers under the trade name called “(C)C” in Chungcheongbuk B.

Criminal facts

"2018 Highest 3112" Defendant works in the above workplace from February 2, 2018 to June 29, 2018.

The total amount of wages of retired workers D, including KRW 2,834,853, was not paid within 14 days from retirement without any agreement on extension of the payment date, as shown in attached Table 1, as well as the total amount of wages and retirement allowances of four employees.

"2019 Highest 1393"

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and 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 is working from July 26, 2018 to November 30, 2018.

The retired E's wage of 3,00,000 won in September 2018 and the total amount of 5,05,056,880 won in total, as shown in attached Table 2, did not pay 5,05,00 won in total within 14 days from the date of retirement without an agreement between the parties to the extension of the due date.

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 the cause for such payment occurred; and

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

Nevertheless, the Defendant works from May 25, 2017 to December 19, 2018.

The retirement allowances of retired FF, including KRW 3,375,79, did not pay the total amount of KRW 6,934,374 of the retirement allowances of two employees within 14 days from the date of retirement without agreement between the parties to the extension of the due date.