Text
The prosecution of this case is dismissed.
Reasons
1. The Defendant in the facts charged is a user who runs software development business using eight full-time workers as the representative director of Seoul Building and D Co., Ltd. located under Seoul Building and C.
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 in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant had worked from March 4, 2019 to September 3, 2019 at the said workplace and retired from the said workplace, and had not paid 14,40,000 won in total, including 7,200,000 won in July 4, 2019, and 7,200,000 won in August 2019, without any agreement between the parties on the extension of the due date between the parties.
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the 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;