근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged in the instant case is an employer who employs a worker and operates indoor interior interior decoration fishery business in D located under the second floor C of the building of Geumcheon-gu Seoul, Geumcheon-gu, Seoul. If a worker dies or retires, the employer shall pay wages, compensations, and other money and valuables within 14 days from the date on which the cause for payment occurred, and in exceptional circumstances, the due date may be extended by mutual agreement between the parties. However, the Defendant worked in the said workplace from December 16, 2016 to January 21, 2017, and retired from the said workplace, including the amount of wages of 2.1 million won on December 12, 2016, as well as six retired workers as indicated in the list of crimes in the attached Table (hereinafter “instant workers”), without agreement between the parties on the extension of the due date.
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 paragraph (2) of the same Article.
However, according to the statement of the written application for non-prosecution of punishment prepared by the representative E delegated by the instant workers, the instant workers can be acknowledged on February 14, 2019, which was after the instant indictment was instituted.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.