근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is the representative of the gas station C located in Yongcheon-si, Youngcheon-si, who ordinarily employs one worker and operates the gas station.
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 an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 700,000 of the retired employee D’s wages in September 2017 at the above workplace within 14 days from the date of occurrence of the cause for payment without 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 Labor Standards Act.
In doing so, according to the statement of withdrawal of complaint filed in the trial records, the fact that D, after the prosecution of this case was instituted, expressed the defendant's intention not to be punished on January 5, 2018 can be acknowledged.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.