근로기준법위반
The prosecution of this case is dismissed.
1. The gist of the facts charged is that the Defendant, as the representative of the Gyeonggi-gun C farm located in B, is an employer who runs an agricultural business with three 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 the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 2,66,010, in total, KRW 488,670, in June 2017, the difference between June 11, 2017 and October 23, 2017, including KRW 392,08,00, the monthly wage of August 392,08, KRW 51,960, the monthly wage of September 496,90, and KRW 776,40,010 within 14 days from the date of retirement without agreement between the parties on the extension of the payment date of money and valuables.
2. Determination
(a) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;
(b) Workers shall express their intention not to punish after prosecution.
(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;