근로기준법위반
The prosecution of this case is dismissed.
The Defendant, as the representative of Ulsan-gun Group B located in Ulsan-gun, is an employer who runs a manufacturing business with six 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, at the above workplace from May 2, 2016 to March 19, 2017, worked as the field manager and retired from the workplace, did not pay the total of KRW 27,110,95 of the total wages of three retired workers, including KRW 3,640,00 in January 2, 2017, KRW 3,640,00 in February 2017, and KRW 2,230,967 in March 2, 2017, and KRW 9,648,137 in the attached list of crimes, as shown in the attached list of crimes.
Judgment
The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the express will of the victimized worker under Article 109(2) of the Labor Standards Act.
However, the indictment of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since each injured worker mentioned in the name of the annexed list of crimes withdraws his/her wish to punish the defendant on October 28, 2019, which was after the prosecution of this case was instituted.