근로기준법위반
The prosecution of this case is dismissed.
1. In the facts charged, the Defendant is the actual management owner of the company C with limited liability incorporated by the Defendant, who employs 10 full-time workers, and operates a manufacturing business.
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, and the period may, under special circumstances, be extended by mutual agreement between the parties concerned.
Nevertheless, the Defendant, who retired from office from December 14, 2015 to January 3, 2016, did not pay the total of KRW 6,159,000 to 8 workers (D, E, F, G, H, I, J, and K) as stated in the list of crimes in the attached Table, including KRW 1,04,00,00, in total of wages of KRW 986,00 on December 12, 2015, and wage of KRW 58,00 on January 2, 2016, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.
2. The facts charged in the instant case fall under Articles 109(1) and 36 of the Labor Standards Act, which cannot be punished against the victim’s will pursuant to Article 109(2) of the Labor Standards Act.
According to the agreement submitted by the victims, the victims expressed their intention not to punish the defendant after the prosecution of this case, so the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition.