근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant, as the actual management owner of a limited company C in South-Namnam-gun, in the facts charged of the instant case, is a business operator who ordinarily employs 30 workers and engages in the business of manufacturing parts of a ship.
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 the total of KRW 52,619,268 of wages of 21 workers within 14 days from the date of retirement without an agreement between the parties to the extension of the payment period to December 30, 2016, including the total of KRW 1,318,240 in November 2, 2016, and KRW 4,543,240 in December 2016, and the total of KRW 3,225,00 in December 2016.
2. The facts charged of the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victims’ express intent. Since all victims expressed their intention not to punish the Defendant after the instant indictment was instituted, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.