근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant, as the representative of Songpa-gu Seoul Metropolitan Government, is an employer who runs electrical construction business with four full-time workers, who is a representative of C (main) in the second and second floor of Songpa-gu Seoul.
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, from July 19, 2018 to June 19, 2019, the Defendant, while serving as a daily worker belonging to the pertinent workplace, did not pay KRW 3,200,000 of the retired workers D wages within 14 days from the date of his/her retirement without an agreement on the extension of the payment date between the parties concerned, and did not pay KRW 6,670,000 for the total amount of four workers within 14 days from the date of his/her retirement as stated in the separate crime list, without any agreement on the extension of the payment date between the parties concerned.
2. The determination is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the statement of the written application for non-prosecution of punishment bound in the trial records of this case, the fact that workers D, E, F, and G withdrawn the intent of the Defendant to punish the Defendant after the prosecution of this case.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.