근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged in the instant case is an individual entrepreneur who runs a construction business using three workers at the site of the construction work of the multi-family house located in C at the Jeju City.
Where an employee retires, an employer shall be liable to pay wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred between the parties concerned.
Provided, That in special circumstances, the date may be extended by an agreement between the parties.
Nevertheless, the Defendant did not pay KRW 9,300,000 for the total wages of three retired workers within 14 days from the date of retirement, as shown in the list of crimes in the attached Table, as well as KRW 3,600,000 working for 15 days of retired workers D, who were employed in the above field from May 3, 2015 to May 17, 2015.
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 victim’s express intent under Article 109(2) of the Labor Standards Act. The facts that the victim D, E, and the victim F, who wishes to punish the Defendant on September 27, 2016, can be acknowledged. Thus, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.