A defendant shall be punished by imprisonment for a term of two years and a fine of five thousand won or more.

When the defendant does not pay the above fine.

Punishment of the crime

The defendant is the actual representative of H in the Gu and American City, who is a user who runs the business of manufacturing mobile phone cases using 67 full-time workers.

1. An employer who has not paid wages, etc. shall, if the worker dies or retires, pay the wages, compensations, or 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, on April 23, 2016, did not pay KRW 491,357,787, including the total of KRW 12,217,862, including the wages of I retired from the said workplace, and annual allowances, to 14 days from the date of retirement without agreement on the extension of the payment period between the parties, as stated in the list of crimes in the attached Table.

2. Where an employer who has not paid business suspension allowances suspends his/her business for reasons attributable to his/her employer, he/she shall pay the relevant employee allowances of at least 70 percent of his/her average wages during the period of suspension.

Nevertheless, the Defendant did not pay the total amount of KRW 316,556,468 on the 28th of the following month, which is the date of the regular payment of wages, to 67 retired workers, including I, as stated in the annexed crime list, even though the Defendant suspended part of business from around May 2012 to April 2016 at the above workplace.

3. When an employer intends to dismiss a worker, he/she shall do so at least 30 days prior to the dismissal, and when he/she fails to do so 30 days prior to the dismissal, he/she shall pay the ordinary wages for at least 30 days.

Nevertheless, the Defendant did not pay the total amount of KRW 89,843,204 of the pre-determination allowances when dismissing 60 retired workers on April 22, 2016, as stated in the list of crimes in the attached list of crimes, including I, in the above workplace.

4. The occupation of failure to prepare and deliver the labor contract; and