근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is an unregistered individual constructor who resides in B in Gyeonggi-do and runs a construction business by employing five full-time workers.
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 the total of KRW 4,00,000 as wages of KRW 1,80,000 on September 12, 2018, which worked from November 14, 2018 to January 17, 2019, as well as the total of KRW 4,00,000,000, including the wages of KRW 2,200,000 on January 2, 2019, within 14 days from D’s retirement, as stated in the attached Table, without any agreement on the extension of the due date between the parties to the payment and the total of KRW 27,790,000 on the wages of 13 workers as stated in the attached Table.
2. Determination
(a) Crimes of non-compliance: Article 109 (2) of the Labor Standards Act;
(b) Workers shall indicate their intention not to be punished after prosecution.
(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;