근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is the representative of C in Incheon Strengthening Group B, who is an employer who employs one full-time employee and operates a youth training facility operating business.
The defendant shall work in the above workplace from September 3, 2012 to March 3, 2014.
With respect to retired workers D, the total amount of KRW 1,00,000 in December 2013, the wage of KRW 2,700,000 in January 2014, the wage of KRW 2,700,000 in February of the same year, and KRW 6,61,290 in March of the same year and KRW 261,290 in March of the same year were not paid within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act that cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. According to the letter of withdrawal of the victim’s petition and the statement of telephone communications report dated December 22, 2014 by the court, the victim D can be acknowledged as having withdrawn the Defendant’s wish to punish the Defendant on December 17, 2014, after the instant indictment was instituted. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.