근로기준법위반
The prosecution of this case is dismissed.
The defendant in the factory office is the employer who runs the construction business by employing 20 full-time workers as the representative director of the Gyeongnam C Co., Ltd., and is employed as the site agent from April 3, 2012 at the site where the Droad and the structure work was executed in Yangsan City.
The E’s wages of 6,825,000 won retired on August 23, 2012 were not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.
The reason for dismissing the public prosecution is that the facts charged in this case falls under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s clearly expressed intent under Article 109(2) of the same Act.
However, according to the trial records, on March 6, 2013, which was after the prosecution of this case, the victim E expressed his/her intention not to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition.