Defendant shall be punished by a fine of KRW 1,700,000.

If the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is an employer who runs a construction business using three full-time workers in Ansan-si C.

When a worker dies or retires, an employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, except where the date of payment has been extended by mutual agreement between the parties concerned.

The Defendant did not pay KRW 2,500,000 of D’s retirement from May 13, 2017 to May 23, 2017 on May 5, 2017, and without agreement on the extension of the payment period between the parties, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute of the D;

1. Article 109 (1) or 36 of the Labor Standards Act concerning facts constituting an offense. Article 109 (Selection of Punishment)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged regarding the dismissal of the public prosecution was that the Defendant was working in the foregoing workplace from May 13, 2017 to May 25, 2017, and the Defendant did not pay KRW 1,500,000 on May 201, 2017, and without agreement on the extension of the payment period between the parties, within 14 days from the date of the cause of the occurrence of the payment.

2. The above facts charged cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act for crimes falling under Articles 109(1) and 36 of the same Act.

According to the records, B explicitly expresses his/her intention that he/she does not want to punish the defendant on August 7, 2018, which was after the prosecution for the above facts charged was instituted.

Therefore, the prosecution against the above facts charged is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.