A defendant shall be punished by imprisonment for one year.

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

[2015 Height135] The Defendant is the representative of F, an incorporated foundation E in Changwon-si, Changwon-si, who is an employer who operates a G convalescent with 83 full-time employees.

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

Nevertheless, the Defendant, at the above workplace from September 1, 2012 to December 31, 2014, did not pay 23,093,280 won in total of five employees’ wages, as stated in the separate list Nos. 1 to 5, as well as the separate list Nos. 1 to 5, regarding the payment period extension between the parties concerned, as well as the total amount of KRW 14,00,000,000,000,000 from the date when the cause for payment occurred.

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, while working as above at the above workplace, did not pay the total amount of KRW 57,05,116 of the seven employees’ retirement allowances, including KRW 15,893,161 of the employee H’s retirement allowances, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

[2015 Highest 192] The Defendant is the representative of F, an incorporated foundation E in Changwon-si, Changwon-si, who is an employer who operates a G convalescent with 83 regular employees.

When a worker dies or retires, the employer shall cause the relevant payment.