근로기준법위반
Each of the instant public prosecutions is dismissed.
1. The Defendant, as the representative of the Dispute Resolution Co., Ltd. in Geumcheon-gu Seoul Metropolitan Government, is an employer who has subcontracted metal construction works at the E church construction site, etc. located in Ansan-si, Seoul Metropolitan Government, using four full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Defendant Company did not pay KRW 1,75,00 of F’s total wage of two workers, including KRW 3,200,000, total wage of KRW 4,95,000, and KRW 1,755,000, and KRW 1,400,000 for October 17, 2014 to November 26, 2014 of G engaged in labor from October 17, 2014 to November 26, 2014; and KRW 1,80,00,00 for wage of November 20, 2014 to the above workers, including KRW 3,20,000,00 for total wage of KRW 3,4,95,000, and KRW 00, without any agreement between the parties concerned on the extension of payment date.
2. Determination is a case that falls under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act.
However, on October 30, 2015, after the instant prosecution was instituted, the employee F and G expressed their wish not to punish the Defendant.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.