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 a person who operates a restaurant business using 7 full-time workers as the representative director of G in Sungnam-gu, Sungnam-si, G Co., Ltd. Ha located in Sungnam-si.

From March 9, 2016 to the same year, the defendant at the above workplace.

4. A worker I’s total of KRW 1,125,50 on March 3, 2016, and KRW 1,440,660 on April 3, 2016 and KRW 315,160 on April 1, 2016, did not pay KRW 1,440,660 on the date of retirement within 14 days from the date of retirement without an agreement to extend the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to I;

1. Application of respective Acts and subordinate statutes concerning salary specifications;

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting a crime, 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 the facts charged is that the Defendant is a representative director of GJ located in Seongbuk-gu, Sungnam-si, Sungnam-si, who ordinarily employs seven workers and engages in restaurant business.

Defendant C’s working at the said workplace from March 7, 2016 to March 21, 2016, was not paid KRW 592,250 on March 1, 2016; and KRW 1,530,000 on February 1, 2016; and KRW 1,530,000 on March 4, 2016; and KRW 1,530,00,00 on February 4, 2016, who worked for the said workplace from January 4, 2016 to March 21, 2016 between the parties, within 14 days from the date of retirement without mutual agreement.

2. The facts charged in this part of the judgment are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the express will of the victim pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

However, on January 15, 2018, the prosecution of this case was submitted to this court on March 22, 2018, the victim D, E, and March 22, 2018, each of which part of the prosecution of this case was dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the victim C submitted to this court a written statement of intent that he/she would not want the defendant's punishment.