근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant, together with B, is the actual joint representative of D in Gangnam-gu Seoul Metropolitan Government C, who ordinarily employs eight workers and operates other main offices.
When a worker 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, in collusion with B, did not pay KRW 7,490,000 for the total wages of five retired workers within 14 days from each retirement date, as shown in the attached crime list, as well as KRW 1,50,000, which was paid on July 7, 2017 to July 31, 2017, retired workers E, while working in the same workplace from the above workplace from June 30, 2017 to July 31, 2017.
2. The judgment 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 same Act. According to the statement of each of the applications filed in the trial records of this case, the fact that workers E, F, G, H, and I withdrawn the Defendant’s wish to punish the Defendant on April 6, 2020 after the prosecution of this case.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.