근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is an employer who is a representative of the C private house or a cafeteria in Changwon-si, Sungwon-si, with the 401 Changwon-si, who has run food business by ordinarily employing one employee.
When a worker retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.
Nevertheless, the Defendant did not pay the D’s wages of KRW 1,500,000 from February 24, 2009 to February 28, 2010 within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.
2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. According to the statement on withdrawal of the petition filed in the trial records, it is clear that the victim withdraws his wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.