근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant, as a manager of D Construction Co., Ltd. in the Jeonsung-gun, is running a construction business with four full time workers, and is entering into a subcontract for the construction of the E-style apartment in Jung-Eup.
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.
Nevertheless, the Defendant is working from April 1, 2015 to August 31, 2015 at the above construction site.
The retirement worker F, as indicated in the attached list of crimes, did not pay the total of KRW 46,50,000,000 for eight workers, including the wage of KRW 3,750,000 on May 2015, within 14 days from each retirement date, without any agreement on the extension of the due date between the parties concerned.
2. The instant facts charged cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act as a crime falling under Articles 109(1) and 36 of the Labor Standards Act. According to each written agreement written on August 5, 2016, October 11, 2016, and November 17, 2016, which was submitted after the instant indictment, the fact is recognized that the victimized employee expressed his/her intent not to punish the Defendant, and thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.