The judgment of the court below is reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The instant crime of misapprehension of the legal doctrine is a crime of non-compliance under Article 109(2) of the Labor Standards Act. Workers expressed their intention not to punish the Defendant at an investigative agency, and thus the instant public prosecution should be dismissed.

Nevertheless, the court below erred by misapprehending the legal principles which found guilty of the facts charged of this case, thereby affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 4 million won) is too unreasonable.

2. Determination

A. Determination of misapprehension of the legal doctrine regarding the assertion of misapprehension of the legal doctrine cannot be deemed that: (a) in order to recognize that the victim expressed his or her wish not to punish or withdrawn his or her wishing to punish, the victim’s genuine intent should be expressed in a clear and reliable manner; (b) the employee’s intent not to punish is clearly expressed that he or she did not wish to punish (see, e.g., Supreme Court Decisions 201No1289, Sept. 13, 2012; 2003Do4934, Jun. 25, 2004); (c) according to the evidence duly adopted and examined by the lower court, the Defendant merely expressed his or her total amount of unpaid wages to the employee representative on or around April 10, 2015; and (d) based on the agreement that the Defendant paid the employee’s total amount of unpaid wages to G workers on KRW 160,606, Jul. 26, 2016.