근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged in this case is an individual constructor who has been executed with four full-time workers under a subcontract from the representative of the Dispute Settlement Bank Co., Ltd. in the E-U. E-U. housing construction site in two weeks, with the address of No. 101 and No. 805 in two weeks, without a construction business license.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay the sum of KRW 180,000 won in November 1, 2013 and KRW 2.85,000 in December 28, 2013 of F, who worked at the above construction site from April 1, 2013 to December 28, 2013, within 14 days from the date of retirement without agreement of the parties to the extension of the payment period.
2. The facts charged of this case are crimes falling under Article 109(1) of the Labor Standards Act, and cannot be prosecuted against the victim’s clearly expressed intent under Article 109(2) of the Labor Standards Act. According to the records, the written agreement was submitted on February 13, 2017, which was after the public prosecution of this case was instituted, and it can be acknowledged that the victim expressed his wish not to punish the defendant. Thus, the public prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.