A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the violation of the Labor Standards Act against B.

Punishment of the crime

The defendant is the representative of the dispute resolution committee C, who employs 12 full-time workers, and works in the place of business in Ssung City D around July 14, 2013, and from January 3, 2011 to June 30, 2013.

The retirement E’s wage of 1.2 million won and retirement allowance of 1.2 million won and retirement allowance of 2,958,900 won on May 2013 were not paid within 14 days from the date of retirement, and the total of 4,167,020 won and the total of 51,258,150 won of retirement allowance for 10 workers and 51,258,170 won among them, as shown in the separate list of crimes, did not pay within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Details of calculation of overdue money and valuables;

1. A retirement allowance calculation statement;

1. Copy of business registration certificate;

1. Certificate of closure;

1. Application of Acts and subordinate statutes on salary specifications;

1. Facts constituting an offense for which wages are not paid: Article 109 (1) and Article 36 of the Labor Standards Act that does not pay retirement allowances: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act;

1. Selection of each sentence of imprisonment;

1. Of the concurrent crimes, among the charges of this case, the part dismissing public prosecution under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act (as stated in the crime and Article 50 of the Act on the Guarantee of Workers' Retirement Benefits against F with the largest punishment), the summary of the part concerning B among the charges of this case is that “the defendant is an employer who employs 12 full-time workers as stated in the facts of the crime in the judgment, and has not paid wages of 2,325,210 won on April 2, 2013 to May 9, 2013.”

However, this is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the record, the record reveals the fact that B expressed his/her wish not to punish the defendant after the institution of the instant prosecution. Thus, the Criminal Procedure Act is applicable.