근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is an individual entrepreneur who resides in Seoul Special Metropolitan City Gwangjin-gu and 402 without business registration and who employs 30 full-time workers in the C apartment building association office located in Sejong Special Self-Governing City and operates human resources supply 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 the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total of KRW 4,760,000 of wages of two retired workers, including the total of KRW 2,550,000 of wages of July 14, 2014 to July 28, 2014, and KRW 2,210,000 of the D (n, 50 years of age) who worked in the said workplace as a day-to-day worker from July 14, 2014 to July 28, 2014 at the said workplace (n, South, 57 years of age) within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.
2. The crime of violating the Labor Standards Act is a crime that cannot be prosecuted against the victim’s express intent (Article 109(1) and Article 36 of the Labor Standards Act). The victim D and E expressed their intent not to prosecute the Defendant on June 2, 2015, which was after the instant indictment was instituted, and thus, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.