근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant, as the representative director of D (ju) under subparagraph 1 of C, is an employer who runs a machinery manufacturing business using 15 full-time workers.
Defendant, who retired from the said workplace, had worked from November 13, 2017 to February 14, 2018, did not pay KRW 333,30 on December 12, 2017, wage of KRW 2,333,300 on January 2018, wage of KRW 1,16,649 on February 2018, and KRW 3,833,249 on February 1, 2018, 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 crimes 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 Labor Standards Act.
On June 22, 2018, according to the statement of withdrawal of a petition (written complaint) forwarded to this court from the Suwon District Prosecutors' Office on June 22, 2018, the victim expressed his/her intention not to be punished against the defendant on June 22, 2018, after the institution of the instant prosecution.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.