근로기준법위반
The prosecution of this case is dismissed.
The summary of the facts charged is a personal constructor who has a building B and subparagraph C in Suwon-gu, Suwon-si, and who runs a construction business at the construction site of a new apartment building D in Suwon-gu, Suwon-si, which employs seven 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 if special circumstances exist.
Nevertheless, the Defendant did not pay 600,000 won for October 5, 2019, which was worked from October 5, 2019 to October 9, 2019 at the above construction site, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
2. We examine the judgment. Each of the facts charged in this case is a crime 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 Labor Standards Act. According to the records, the victim expressed his/her intention not to be punished against the defendant on July 28, 2020, and the prosecution in this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.