근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged in this case is a business owner who is engaged in an engineering work, etc. as a C representative director of the corporation, which is located in the Busan Suwon-gu B building 306.
When a worker retires, the employer shall pay the wages, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred, and when concluding a labor contract, he shall clearly state the matters such as wages, contractual work hours, holidays, annual paid leaves, etc. to the worker, and shall deliver the worker in writing specifying the items and methods of calculating wages, method of payment, contractual work hours, holidays, annual paid leaves, etc.
Nevertheless, the Defendant did not pay KRW 3,80,000 of the aforementioned D wages to the said D from April 8, 2013 to the worker D, who had worked as the head of the site at the said workplace from May 9, 2013, without any agreement on the extension of the due date or any other special circumstances, within 14 days from the date of the occurrence of the cause for payment, and did not provide the said D with a document stating the above matters, without specifying the matters, such as wages, contractual work hours, holidays, annual paid leave, etc.
2. Grounds for dismissing the public prosecution; and
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the respective Labor Standards Act;
(b) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act.
(c) Grounds for dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (Withdrawal of a wishing to punish workers);