Defendant shall be punished by a fine of 1.2 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is an operator of a cafeteria in Ansan-si, a member-gu, who runs a restaurant business using two regular workers.

The Defendant did not pay the total amount of KRW 6,100,000 to E working from April 28, 2013 to October 25, 2013, within 14 days after retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A petition for E works;

1. Application of Acts and subordinate statutes confirming facts

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant is an operator of a cafeteria in Ansan-si, a member-gu, who runs a restaurant business using two regular workers.

The Defendant did not pay KRW 70,00,000 to B, who worked from June 7, 2013 to October 4, 2013 at the same place of business, within 14 days after retirement without agreement between the parties on the extension of the due date.

2. We examine the judgment. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. According to the records, the above B has withdrawn his wish to punish the defendant after the prosecution in this case. Thus, the prosecution in this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.