근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is the representative of the agricultural partnership C in Gyeonggi-gun, Gyeonggi-do, and an employer who runs a manufacturing business using three full-time workers.
The Defendant did not pay KRW 5,87,096 in total, including D’s wage of KRW 1,300,00 in October 1, 2012 and KRW 1,800,00 in November of the same year, wage of KRW 1,80,000 in December of the same year, and wage of KRW 1,80,00 in January of the same year, and wage of KRW 987,096 in January of 2013, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
2. We examine the judgment. The facts charged in this 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 under Article 109(2) of the same Act. According to the written withdrawal of complaint attached to the records, it is recognized that the victim D expressed his/her intention not to punish the defendant after the prosecution in this case. Thus, the prosecution in this case is dismissed under Article 327(6) of the Criminal Procedure Act.