근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant is the representative of C, a company located in Gwangju Mine-gu, who runs restaurant business using four full-time workers.
Defendant D’s employee D’s wage of 581,750 won on May 2, 2017, when working in the said workplace from March 10, 2017 to May 22, 2017, did not pay within 14 days from the date of retirement without an agreement between the parties on the extension of the 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 pursuant to Article 109(2) of the same Act.
In such a case, it can be recognized that the above D had withdrawn his/her wish to punish the defendant by submitting a written agreement on February 28, 2018, which was after the prosecution of this case. Thus, the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.