근로기준법위반
The prosecution of this case is dismissed.
The Defendant, as the representative of Seongbuk-gun C located in Gyeongbuk-gun, is an employer who runs a food manufacturing business using one regular worker.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen 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 1,370,00 from July 4, 2019 to August 6, 2019 as well as KRW 1,370,00 from the date of retirement without agreement between the parties on the extension of the due date.
Judgment
The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act.
However, on July 12, 2020, after the institution of the instant prosecution, the victim submitted a written withdrawal of the complaint to this court, and the victim has withdrawn his wishing to punish the defendant.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.