근로기준법위반
The prosecution of this case is dismissed.
1. In the facts charged, the Defendant is a representative of the D located in the Dong-gu, Busan Metropolitan City and engaged in a single-style business with five full-time workers.
When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant employed from September 5, 2013 to July 20, 2015 at the said workplace and did not pay KRW 3,720,000 for paid holiday allowances of E retired from the said workplace within 14 days from the date of retirement, without an agreement between the parties on the extension of the payment deadline.
2. The facts charged of the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.
On December 13, 2016, workers E, after the instant indictment was instituted, withdrawn the Defendant’s expression of intent to punish the Defendant.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.