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 becomes final and conclusive.

Punishment of the crime

The defendant is the representative of D, (L), and (L) D in North Korea-gun C, who employs 14 full-time workers, and two full-time workers, and operates a manufacturing business.

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, the Defendant, from May 29, 2015 to June 24, 2016, did not pay 47,351,289 won in total for 14 employees, as shown in the list of crimes in attached Form E, including 1,231,470 won in June 2016, to employees E, who retired from office, within 14 days from the date of retirement, without any agreement on the extension of payment date between the parties concerned.

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

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

Nevertheless, the Defendant, from May 29, 2015 to June 24, 2016, did not pay 6,969,573 won in total, including 2,753,098 won for retired workers E's retirement pay, and 6,969,573 won in the attached crime list, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against F, E, G, H, I, J, K, L, or M;

1. Application of Acts and subordinate statutes to a report on acquisition of data;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;