근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant, as the representative of C in the 4 and 5th floor of Seodaemun-gu Seoul Metropolitan Government, is an employer who ordinarily employs ten workers and operates a wedding hall operation service 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.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay 4,028,570 won in total, including D’s wage of 1,200,000 won in December 2014, 2015, wage of 2,200,000 won in January 2015, and wage of 628,570 won in February 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.
2. The facts charged in 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 under Article 109(2) of the Labor Standards Act.
According to the records, the victim D has withdrawn his/her wish to punish the defendant on December 24, 2015. Thus, the defendant's indictment of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.