A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the victim C violated the Labor Standards Act.

Criminal facts

The defendant is a person who actually operates (ju)E in the Jinando-gun, North Korea, and is engaged in kimchi manufacturing business by using 16 full-time workers.

1. An employer who has accrued wages or retirement allowances shall, if a worker dies or retires, pay him/her wages, compensations, retirement allowances, 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 is working from August 2, 2010 to April 21, 2014 at the foregoing workplace.

The retired FF did not pay KRW 1,346,820 of wages and retirement allowances of KRW 3,63,400 on March 2014, as well as KRW 17,697,715 of the total wages of KRW 10 and KRW 27,493,620 of the total retirement allowances of KRW 17,493,620 of the retirement allowances of KRW 14 days from the date of retirement without agreement between the parties to the extension of the payment due date.

2. When an employer intends to dismiss a worker, he/she shall give the advance notice of dismissal at least 30 days, and where he/she has not given such advance notice by 30 days, he/she shall pay the ordinary wages for not less than 30 days.

Nevertheless, the Defendant did not pay KRW 7,502,40,00 in total of the pre-determination allowances for dismissal of six workers as indicated in the attached crime list, including that the Defendant immediately dismissed the F, who worked from around August 2, 2010 to the said workplace without prior notice on April 21, 2014, and did not pay KRW 1,250,40 in advance payment of ordinary wages for 30 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each special judicial police officer with respect to F, G, and H;

1. Each petition of I, J and K;

1. Application of Acts and subordinate statutes, such as wage ledgers and transactions of bankbooks;

1. Article 109(1) and the main sentence of Article 36 of the Labor Standards Act (the point of payment of wages and retirement allowances) concerning facts constituting an offense, respectively;