근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is the user who runs a service business related to financial technology (fintech) by employing one full-time worker as the (g) representative director of Songpa-gu Seoul Metropolitan Government 2 and 2.
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: (a) retired from the said workplace on May 1, 2015 to November 30, 2015; (b) but went again on January 1, 2016; and (c) did not pay KRW 4,00,000 for June 11, 2015; (b) KRW 8,000,000 for monthly wage of KRW 4,000,000 for November 2015; and (c) wage of KRW 1,093,430 for January 1, 2016; and (d) 2,231,360 for February 1, 2016, without agreement between the parties on the extension of payment period.
2. Determination
(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;
(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;
(c) Unwritten expression of intention not to punish: Submission of the victim of the complaint after institution of the instant prosecution;
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;