A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant is the actual representative of G Co., Ltd. in North Korea, which is located in North Korea, and is an employer who runs the business of manufacturing red stones by employing 45 full-time workers.

[2018 Highest 356]

1. Violation of the Labor Standards Act;

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

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

Nevertheless, the Defendant had worked from December 22, 2015 to May 31, 2018 at the above workplace, and had retired from H’s wages of KRW 1,277,908 on July 7, 2017 as well as KRW 44,847,265 on the extension of the payment date without agreement between the parties concerned, and did not pay the total of KRW 44,847,265 on the date of retirement within 14 days from the date of retirement without agreement.

(b) When a worker retires, the employer shall 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, at the above workplace from December 22, 2015 to May 31, 2018, did not pay the retirement allowances of H 4,4165,50 won, including the retirement allowances of H 4,4165,50 won, and did not pay 19,980,154 won, in total, within 14 days from the date of retirement, without any agreement between the parties concerned, for extension of the payment deadline.

[2018 Highest 580]

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

Nevertheless, the defendant at the above workplace on May 2010.