근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is an employer who jointly runs food treatment equipment, training machine distribution business, and artificial fishery with the trade name of No. 1505 of the Busan Shipping Daegu Building No. 1505 and one full-time employee.
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.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant has worked as an accounting clerk from April 2, 2015 to January 14, 2016.
D's wages of 2,300,000 won in December 2015 and wages of 7,00,000,000 won in January 2016 were not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.
2. We examine the judgment. The facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 109(2) of the same Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. According to the statement in the written withdrawal of complaint, the victim D can be acknowledged as the fact that he/she voluntarily withdraws his/her wish to punish the defendant on June 15, 2016, after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act, and it is so decided as per Disposition.