근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is a full-time E representative located in B and in D located in the two weeks, who operates meat processing and packaging businesses using 12 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.
Nevertheless, the Defendant did not pay the total of KRW 1,70,000,000, which was worked in the above workplace from October 4, 2016 to April 12, 2017, including the payment of KRW 1,70,000,00 in total, which was paid in March 2017, and the wage of KRW 200,00,00 in April 2017, as indicated in the list of crimes in the attached Table, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment date.
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 employee’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. It can be acknowledged that the employee expressed his/her intent not to be punished against the Defendant after the instant indictment.
Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.