근로기준법위반
The prosecution of this case is dismissed.
All of the applicants for compensation are dismissed.
1. The summary of the facts charged in the instant case is that the Defendant violated the Labor Standards Act, without any agreement on the extension of the due date, did not pay KRW 7,216,00 to the 10 workers, such as E and B, who provided the Defendant with labor, within 14 days from the date of retirement, while engaging in personal construction business at the site of new housing construction project for two parcels outside Gwangju-dong, Gwangju-gu.
2. Determination
(a) Crimes of non-compliance with an intention: Articles 109(2) and (1), and 36 of the Labor Standards Act;
B. Declaration of intent to revoke an accusation: A written agreement and application for non-compliance with punishment, stating the victims' intention not to be punished, on November 13, 2018 (F, G), January 15, 2019 (H, I, J, K, L), and February 14, 2019 (E, B, and C) are submitted to each court after the instant indictment was filed.
(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;
3. The dismissal of an application for compensation order under the Labor Standards Act does not constitute a crime for which an order for compensation can be issued under Article 25(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and it is not recognized that there is an agreement between the defendant and the applicant for compensation on the amount of compensation under Article 25(2) of the same Act. Therefore, the application for compensation by the applicant for compensation is unlawful and dismissed under Article 32(1)1 of the Act on Special Cases