근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged in the instant case is an employer who runs a manufacturing business with the trade name C, a stock company, located at the window B of Changwon-si.
When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and 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 was working from March 1, 2016 to June 30, 2016 and retired D’s wages of KRW 5,83,32,00,000, including KRW 1,666,666 in May 2016, and KRW 4,166,66 in June, and KRW 5,83,332 in June, 201, without any agreement between the parties on the extension of the payment date.
2. The determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the intent expressed by the victim under Article 109(2) of the same Act.
According to the records, the victim can recognize that he/she has withdrawn his/her wish to punish the defendant on June 5, 2017, which was after the prosecution of this case.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.