근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is operating a public restaurant with three full-time workers as C representative in the case of leisure.
When an employee retires, the employer shall pay all money and valuables, such as wages, compensations, etc., within 14 days after the cause for such payment occurs.
Nevertheless, the Defendant, who retired as a principal subsidy from January 1, 2015 to October 7, 2015, did not pay KRW 2,830,000 as the total amount of divided wage of KRW 280,000 on August 8, 2015, the amount of divided wage of KRW 1,200,000 on September 20, 2015, and the amount of divided wage of KRW 350,000 on October 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.
2. The facts charged in the instant case are those 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 same Act.
On October 14, 2016, after the prosecution of this case, D submitted to the court a written application for a penalty not 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.