근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged in the instant case is the actual manager of the Dental Institute in Gwangju Northern-gu C and the second floor, who runs a service business using six full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and all 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, on August 29, 2013, the Defendant, who retired from the said workplace on July 2013, did not pay KRW 1,400,000 in total, and KRW 2,800,000 in total, and KRW 2,400,00 in total, and KRW 4,80,000 in wages for July 3, 2013 of the FF who retired from the said workplace on September 3, 2013; and KRW 4,80,000 in total, and KRW 4,80,000 in wages for August of the same year, and KRW 7,60,000 in total, as well as KRW 14 days in advance for the extension of the payment date without agreement between the parties concerned.
2. Determination is an offense 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.
According to the written agreements of victims E and F, the victims may recognize the fact that they have withdrawn their wish to punish the Defendant on July 1, 2014, after the institution of the instant prosecution.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.