근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant is an individual constructor who resided in Seoul Seongbuk-gu, Seoul and C, and without a certain trade name, performs construction work at the site of housing remodeling work in Gangnam-gu, Seoul.
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 KRW 1,500,000 as wages of KRW 250,000, monthly wage of April 2020 of E, which was paid from April 30, 2020 to May 20, 2020, and KRW 1,500,000, monthly wage of KRW 1,250,000, as well as monthly wage of May 2020 to the above construction site, within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date.
2. Determination
(a) Crimes of non-compliance with an intention: Articles 109(1) and 36 of the Labor Standards Act;
B. On November 12, 2020, after the prosecution of this case, workers E expressed the Defendant’s intention not to punish the Defendant, the “written application not to punish the Defendant” shall be submitted to this court.
Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act