근로기준법위반
The prosecution of this case is dismissed.
The summary of the facts charged in the instant case is that the Defendant is an individual worker who, using two regular workers at the same site, performs light work from May 20, 2012 to March 2, 2013 at nine sites, such as the tent and steel framed work in the Chang-gu, Chang-si, Seoul. The Defendant works as a light worker from May 20, 2012 to March 2, 2013. The Defendant works as a light worker at the construction site at the same site at the same time.
B’s retirement-based wages of KRW 1,440,00 on November 1, 2012, and KRW 1,260,000 on February 2, 2013, and KRW 2,880,000 on March 3, 2013, were not paid within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.
However, this is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. According to the records, the victim can be acknowledged on October 17, 2013, which was prior to the prosecution of this case.
Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act, since the procedure of prosecution is invalid in violation of the provisions of law.
Therefore, it is so decided as per Disposition.