근로기준법위반
The prosecution of this case is dismissed.
1. The defendant in the public hall is a representative C in Gyeyang-gu, Yangyang-si, who employs four full-time workers and operates a restaurant business.
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 in extenuating circumstances.
Nevertheless, the Defendant did not pay the sum of KRW 3,800,000 ( KRW 2,000,000 in July 2014, and KRW 1,800,000 in August 2014) of D’s wages that were retired from the said workplace as from July 3, 2014 to August 20, 2014, within 14 days from the date of retirement without agreement between the parties on the extension of payment period.
2. The facts charged of 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 express intent under Article 109(2) of the Labor Standards Act.
On May 11, 2016, after the instant prosecution was instituted, workers D withdrawn the wishing to punish the Defendant.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.