근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged in the instant case is the representative of the Co., Ltd. C with the Gyeonggi Pyeong-gun B and the second floor, who employs six full-time workers at the site of new individual house construction work located in the said D and carries on construction business.
When an employee retires, the employer shall pay all money and valuables, such as wages, within 14 days after the cause thereof occurred.
Nevertheless, the Defendant served from November 11, 2016 to December 5, 2016, and retired from office, did not pay 3.4 million won in total (1.4 million won in December 2, 2011 to December 2016) to F retired from office for the same period, and did not pay 1,95,000 won in total to F retired from office (600,000 won in December 1, 201 to December 201) within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.
2. Determination
(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;
(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;
C. Judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act; and Article 327 subparag. 14, Jun. 14, 2018, following the institution of the instant public prosecution, the victims (F and E) expressed their wish not to punish the Defendant, and a letter of non-taxation for punishment.