근로기준법위반
The prosecution of this case is dismissed.
1. The gist of the facts charged is that the Defendant is the representative of the CB room located in Daejeon Seo-gu Daejeon District, who ordinarily employs two workers and operates beauty business.
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 508,050,050, which was worked as beauty service from July 31, 2013 to July 10, 2014, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
2. The crime of violating the Labor Standards Act is a crime that cannot be prosecuted against the victim’s clearly expressed intent (Article 109(1) and Article 36 of the Labor Standards Act). The victim D expressed his/her intent not to prosecute the Defendant on January 5, 2015, which is after the instant indictment was instituted, and thus, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.