근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant is a D representative located in B building C Dong in the Gyeonggi Culture City, who runs plastic manufacturing business using three full-time workers.
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 in special circumstances, the date may be extended by mutual agreement between the parties.
The Defendant did not pay each of the wages of KRW 5,007,00 for three workers within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties concerned, as well as KRW 1,150,000 of the wages of February 2020 of the E (Korean nationality: Vietnam) who worked at the above workplace from November 21, 2019 to February 29, 2020, as well as KRW 1,150,000 for each worker, as the details of personal arrears in the attached Form.
2. The facts charged in the instant case constitute a crime falling under Articles 109(1) and 36 of the Labor Standards Act where a prosecution cannot be instituted against the victim’s express intent under Article 109(2) of the same Act. Since all the damaged workers after the instant indictment expressed their intent not to prosecute the Defendant, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.