Text
The prosecution of this case is dismissed.
Reasons
1. In the facts charged, the Defendant is the actual manager of C Co., Ltd. in Chuncheon-si, who is engaged in the survey and design service business using four full-time workers.
The Defendant, while working in the foregoing workplace from September 1, 2018 to February 15, 2019, did not pay the total of KRW 12 million from the date of his/her retirement within 14 days from the date of his/her retirement, without any agreement between the parties on the extension of the due date for payment between the parties concerned.
2. The facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent.
(Article 109(2) of the Labor Standards Act (Article 109(2) of the Labor Standards Act). After the instant indictment was instituted, a written agreement and a written application for non-taxation indicating that the victimized employee would not want to punish the accused was submitted to this court on October 21, 2019
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.