근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is the actual representative of C in racing-si, who operates a general restaurant with two regular workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant is working in the above workplace from April 16, 2018 to May 7, 2018.
On May 2018, 2018, wages of 600,000 won were not paid within 14 days from the date of retirement.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act that cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. Since the victim-based worker D after the instant indictment was instituted, it can be acknowledged that the victim-based worker D expressed his/her intention not to be punished against the defendant, this part of the prosecution is dismissed under Article 327(6) of the Criminal Procedure Act.