근로기준법위반
The prosecution of this case is dismissed.
1. Defendant A of the facts charged is the representative director of C of a stock company with the fourth floor of Daegu Suwon-gu, who is an employer who employs five full-time workers and engages in interior construction business.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not extend the due date by mutual agreement between the parties and did not pay KRW 7,310,000 for a daily worker employed from February 18, 2012 to March 8, 2012 at the E site in Daegu Suwon-gu, Daegu-si, G site in Busan-si, and at the H charcoal Hambsium site in Daegu-gu, Daegu-gu, Nowon-gu, Seoul-gu, as well as KRW 3,060,00 for a daily worker employed from February 18, 2012 to March 8, 2012.
2. The facts charged in this case cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.
Since the defendant submitted a written withdrawal of the complaint to the effect that he/she does not want punishment against the victim on June 17, 2013, which was after the prosecution of this case, the indictment of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.