근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant, as the representative of the KICD, is a user who runs a construction business by employing 20 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.
Nevertheless, from November 5, 2013 to February 7, 2014, the Defendant works at the site of the construction of a new apartment house E-type E-building in North Korea.
With respect to six retired workers, including the wage of KRW 1,050,000 on January 201, 2014, the total wage of KRW 8,540,000 for six retired workers was not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.
2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.
According to the records, the above six retired workers have withdrawn their intent to punish the defendant on January 23, 2015, which was after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.