근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant is an employer who runs a construction business (such as the installation of advertising board) by ordinarily employing one worker as an apartment apartment B in Gangnam-gu Seoul Metropolitan Government and a personal building business entity residing in 101 Dong 805.
When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days from the date on which the cause for such payment occurred.
Nevertheless, the Defendant did not pay KRW C’s wages of KRW 780,000 in September 2, 2017, which worked as a signboard installation work from August 31, 2017 to September 2, 2017 at the site of the installation of road advertising boards located in Gyeonggi-si, Gyeonggi-do, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without agreement between the parties to the extension of the payment period.
2. Determination is an offense 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 same Act.
In this regard, the record reveals that the victim submitted a written application for a non-prosecution of punishment to the effect that he/she would not want the punishment of the defendant through the defendant on October 23, 2018, which was after the prosecution of this case was instituted.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.