근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant is an employer who runs a construction business by frequently employing daily workers at the construction site of a cafeteria building located in the Gangwon-si, Gangwon-si, which is located in B 3th of the Gangwon-si.
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 in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay KRW D’s wage of KRW 3,040,00 in July 1, 2016 to July 30, 2016, without agreement between the parties on the extension of the payment deadline, within 14 days from the date of retirement without any agreement between the parties.
2. The instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s will pursuant to Article 109(2) of the Labor Standards Act.
According to the records, workers D may recognize the fact that he/she withdraws his/her wish to punish the defendant on September 4, 2017, which was after the prosecution of this case.
Therefore, the prosecution of this case against the defendant is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.