근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is the representative of C in the fourth floor of Gangnam-gu, who operates an advertising agency business with four full-time workers.
When a worker retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant is working from January 1, 2018 to March 31, 2018 at the above workplace.
Wages of retired workers D were not paid 1,197,950 won within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.
2. The defendant's act of payment of wages is an offense provided for in Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim's explicit intent or contrary to Article 109(2) of the Labor Standards Act.
However, according to the written agreement submitted by the defendant, workers D can recognize the fact that he/she withdraws his/her wish to punish the defendant after the indictment of this case was instituted.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.