근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is the actual manager of C in Gangnam-gu B, Gangnam-gu, who ordinarily employs 11 workers and operates a wedding business.
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.
Nevertheless, the Defendant did not pay KRW 3,200,00 in April 16, 2017, and KRW 516,129 in May 2017, as well as KRW 3,716,129 in total, which is the date on which the cause for payment occurred, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of the payment date.
2. Determination
(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;
(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;
C. Submission of a written withdrawal of complaint containing employee D’s expression of intention not to punish after the indictment of this case
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;