근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant, as the representative of the Seo-gu Incheon Metropolitan City, is an employer who runs a food business using two regular workers.
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 employed in the above workplace from June 15, 2019 to November 10, 2019 and retired from the above workplace did not pay KRW 2,100,000 in September 2019, wage of KRW 2,700,00 in October 2019, wage of KRW 900,000 in November 2019, and wage of KRW 5,700,000 in November 2019 within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.
2. Determination: Dismissal of public prosecution;
(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;
(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;
C. The intent to punish the defendant is withdrawn (Written Agreement September 16, 2020).
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;