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

[2017 Highest 4713] The Defendant is a representative of the AL oriental medical hospital located in Gwangju Dong-gu, Gwangju, who is an employer who provides medical services using 40 full-time workers.

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

Nevertheless, the Defendant did not pay 212,794,180 won, including 8,431,420 won on February 2, 2017 of the retired worker AM, working from the said workplace from July 14, 2014 to March 31, 2017, within 14 days from each retirement date without any agreement on the extension of payment deadline, as shown in the attached list of crimes (1-1).

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

Nevertheless, the Defendant did not pay 84,549,608 won, including 23,201,550 won of retirement allowances of retired workers AM, working from the said workplace from July 14, 2014 to March 31, 2017, within 14 days from each retirement date, without any agreement on the extension of payment deadline, as shown in the list of crimes in the attached Form (1-1).

[2018 Highest 3043] The Defendant is a representative of the oriental medical hospital located in Gwangju Dong-gu, Gwangju, who is an employer who provides medical services using 20 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That if there are special circumstances, the agreement between the parties shall be reached.