근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant, as the C representative in Namyang-si, is an employer who runs wholesale and retail business (a bank, clothes, and shoes) using one full-time employee.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment.
Nevertheless, the Defendant did not pay KRW 15,00,000 in total monthly wage of six months from April 24, 2017 to December 31, 2017, each of which from June 2017 through December 12, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act.
In such a case, on October 15, 2018, a worker had expressed his wish not to punish the Defendant after the instant indictment was instituted, and thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.