근로기준법위반
The prosecution of this case is dismissed.
1. The defendant in the facts charged of this case is the actual manager of the C-A-A-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-
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 was working as the design team leader from April 1, 2016 to December 31, 2016 at the said workplace, and the employee D’s wages of KRW 2,750,000 on December 12, 2016 was not paid within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.
2. Determination
(a) Applicable legal provisions: Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017);
(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;
C. The employee D expressed his intention that he does not want to be punished against the Defendant after the prosecution of this case.
(d)
Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act