근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant, who was engaged in construction business with ten full-time workers as the representative of Haan-gun B located in Haan-gun, Haan-gun, the summary of the facts charged, is in charge of growing trees at the site of new construction of commercial buildings located in Daegu-gun, Daegu-gun, from April 18, 2019 to June 26, 2019.
A retired worker E’s total of KRW 480,00 in May 2019, and KRW 906,000 in June wage of KRW 426,00 in total, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
2. The facts charged in 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 explicit intent pursuant to Article 109(2) of the Labor Standards Act.
However, according to the agreement bound in the trial records, the injured worker E submitted directly to this court a written agreement with the defendant on July 10, 2020, which was after the closing of argument, and it can be interpreted that the defendant does not want the punishment of the victim.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.