근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant is an employer who engages in restaurant business with three or more full-time workers under the trade name of Busan Suwon-gu B.
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.
The defendant works in the above workplace from December 30, 2018 to January 25, 2019.
A retired worker D’s total amount of KRW 6,985,652, including KRW 1,319,610 on January 201, 2019, was not paid within 14 days from the date of his/her retirement without an agreement on extension of the payment due date between the parties concerned, as stated in the detailed statement of the money and valuables in arrears for each individual.
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act; and
(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.
C. The withdrawal of the complaint containing the expression of non-influence of the victimized workers after the indictment of this case is submitted.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;