근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is a C real representative of the third floor of the building B in Jung-gu, Seoul, who ordinarily used one worker and operated a clothing wholesale and retail business.
The Defendant shall work from January 9, 2012 to December 9, 2012.
D's wages of 1,700,000 won in October 2012 and the wages of 1,700,000 won in November of the same year were not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date.
2. The case is a crime 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.
However, according to the written agreement submitted to this court, workers D can recognize the fact that he/she withdraws his/her wish to punish the defendant after instituting the instant indictment.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.