Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

The defendant is an employer who runs a personal construction business with a domicile of 203 building C in Nam-gu, Daegu without a certain trade name or place of business and employs three full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, as employed by the Defendant, did not pay KRW 1,330,000 to D’s wages, which were employed by the Defendant, who served as a penal tree during the period from July 12, 2017 to July 27, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

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 this part of the facts charged is that the Defendant, under employment of the Defendant, did not pay KRW 1,111,000 in total, including KRW 1,60,000 on July 1, 2017, when he/she worked as a cover of the mold from July 1, 2017 to September 15, 2017, and KRW 1,111,000 on September 9, 2017, within 14 days from the date of his/her retirement without any agreement on the extension of the payment deadline between the parties.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;

C. On January 2, 2018, after the institution of the instant indictment, submission of agreements and written applications for non-prosecutions indicating that B does not wish to punish the Defendant.

(d) Judgment dismissing a public prosecution: It is so decided as per Disposition on the grounds of at least Article 327 subparag. 6 of the Criminal Procedure Act.