근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant, as the representative in the facts charged, is an employer who runs a manufacturing business, such as gold and sprinking, using ten full-time workers.
When an employee retires, the employer shall pay wages, etc. within 14 days after the cause for such payment occurs, unless there exist special circumstances and there exists an agreement between the parties concerned.
Nevertheless, the Defendant did not pay KRW 5,438,663 within 14 days from the date of retirement, without an agreement between the parties on the extension of the payment deadline between the parties, in the aggregate of KRW 1,508,333 of March 2016, and KRW 5,438,63 of March 1, 201, including annual allowances of KRW 1,508,333, and annual allowances of KRW 2,597,00.
2. The facts charged of 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 pursuant to Article 109(2) of the Labor Standards Act.
According to the records, around March 10, 2017, after the public prosecution of this case was instituted, a worker expressed his/her wish not to punish the defendant. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.