근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant is an individual constructor who has his domicile in the Jeonju-gun, Jeonju-gun, and runs a construction business by employing 12 full time workers at the construction site, etc. of the Yong-gu, Jeonju-si.
When a worker dies or retires, the employer shall pay the wages, compensations, and 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 720,000 won of D's wage of 4 days from October 8, 2018 to October 20, 2018, without an agreement between the parties on the extension of the due date for payment between them.
2. The facts charged in this case are an offense falling under Article 109(1) of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019) and cannot be prosecuted against the express intent of the victimized employee under Article 109(2) of the Labor Standards Act.
According to the records, it is recognized that the injured worker expressed his/her intent not to be punished against the defendant on June 5, 2019, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.