근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is the representative of D, located in 101, Jung-gu, Seoul, who ordinarily employs 15 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant is working from April 20, 2013 to May 30, 2013 at the construction site of soup and soup in the F in Mapo-gu Seoul, Mapo-gu, Seoul.
In April 2013, the wage of KRW 2 million for retired workers G was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the payment.
2. The case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the records of the written application for non-prosecution to punish the defendant filed in the records, G is recognized as having withdrawn his/her wish to punish the defendant on October 17, 2016, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.