근로기준법위반
The prosecution of this case is dismissed.
1. In the facts charged, the Defendant is an individual building business operator living in Gyeonggi-do, who runs a construction business with approximately nine full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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, from May 23, 2017 to June 3, 2017, the suspect did not pay 11,005,000 won in total for 7-day wages of D-day wages of 1,400,000 won working at the new site of private housing in Nam-gu Incheon Metropolitan City as well as for 14 days from the date of retirement, which is the date of the occurrence of the payment cause, as shown in the attached crime list.
2. Determination
(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;
(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;
C. Judgment dismissing a public prosecution: Article 327 Subparag. 6 of the Criminal Procedure Act (U.S.C. 2019, Sept. 20, 2017)