근로기준법위반
The prosecution of this case is dismissed.
The Defendant, in the facts charged, was an employer who employs ten full time workers as “C stock company” in the name of “B” and runs a construction business. The Defendant did not pay the total of KRW 23,400,000 for 14 days from the date of each retirement without an agreement on the extension of the due date for payment, as shown in the separate sheet, as the F’s wage of KRW 1,056,150 on October 30, 2015 through January 27, 2016, which worked as a tree-based E new construction work site located in Gyeongnam-gun, Namnam-gun, Seoul.
Judgment
The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act. According to the written agreement submitted on September 30, 2016, which was after the institution of the instant indictment, each worker indicated in the facts charged expressed his/her wish not to punish the Defendant, and thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.