근로기준법위반
The prosecution of this case is dismissed.
1. In the facts charged, the Defendant is an employer who employs three full-time workers at C racing and engages in construction business, such as the Housing Construction Corporation.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Defendant did not pay KRW 1,750,000 for the portion of D’s wages on October 30, 2013 retired from the said workplace on October 30, 2013 within 14 days from the date of retirement without an agreement to extend the payment deadline of the parties.
2. The facts charged of the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, since the employee D expressed his/her wish not to punish the Defendant by mutual consent after the institution of the instant indictment, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.