근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is a personal constructor who resides in Gyeyang-gu B Manion 208 in Gyeonggi-gu, Youngyang-gu, Gyeonggi-gu, and runs a construction business by employing six workers on a work-based basis at the construction site of a new living facility located in the Doducheon-gu, Gyeonggi-do.
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, the Defendant did not pay KRW 1,30,000 from the date of his retirement within 14 days from the date of his retirement without an agreement on the extension of the payment period between the parties, which was made in April 1, 2015 to May 6, 2015.
2. We examine the judgment, and the facts charged above are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express will in accordance with Article 109(2) of the Labor Standards Act.
On December 22, 2016, after the prosecution of this case, the victim C withdrawn his wish to punish the defendant.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.