shall not be deemed to exist.

Even if B delegated to C all the powers, including the authority to express the intention not to be punished,

This is limited to cases where the total amount of unpaid wages has been paid.

In that sense, B merely received the substitute payment of KRW 1,89,480, which is part of the unpaid wages, around September 28, 2018, and C appears to have been well aware of such circumstances. As such, C had the authority to express his/her intention not to punish B on behalf of B on November 20, 2018.

shall not be deemed to exist.

Nevertheless, the judgment of the court below which dismissed the prosecution of this case on the ground that B expressed an intention not to punish the defendant, was erroneous as a misunderstanding of facts.

2. Determination

A. The summary of the facts charged in the instant case is an employer who ordinarily employs 30 full-time employees of FF, a corporation located in Busan Young-gu, who runs a new sales business by employing 30 full-time employees, and was employed in the said workplace as production workers from November 1, 2017 to June 15, 2018, and retired from the said workplace within 14 days from the date on which February 2018, 2018, wages of 453,450 won, wages of 1,747,410 won, May 2018, and wages of 77,100 won, and wages of 220,50 won, wages of 220,198,460 won in June 2018, without an agreement between the parties on the extension of payment date.

B. The lower court’s determination shall delegate the authority of B to C, including the submission of a statement, document submission, etc. as to “wages, retirement allowances, allowances,” and the submission of documents,” with the power of attorney prepared and made to C.

The facts stated as "C", and as a representative of B around November 20, 2018, “the defendant is against the investigation agency.”