근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant is an employer who had a place of business in Gumi-si, Gumi-si, and has prepared to run metal parts processing business with eight 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 KRW 2,250,00 in April 18, 2017, and KRW 1,841,667 in May 2017, as well as KRW 4,091,667 in total, within 14 days from the date of retirement where the cause of payment occurred, without any agreement between the parties on the extension of the payment period.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act.
According to Article 109(2) of the Labor Standards Act, the above crime cannot be prosecuted against the victim's explicit intent.
In this regard, according to the written agreement bound in the trial records, C withdraws his/her wish to punish the defendant on September 11, 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.