근로기준법위반
Each of the instant public prosecutions is dismissed.
1. In the facts charged, the Defendant is the representative of C Co., Ltd. in Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant is an employer who, using eight full-time workers, executes the Ewater Disaster Restoration Work in Da.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
The defendant is working as the head of the site from November 10, 2016 to March 31, 2017 at the construction site above, and is working as the head of the site.
The retirement worker F's total amount of KRW 51,600,000,000 for the wages of 2,000,000 for November 2016, as shown in the list of offenses, did not pay 51,60,000 for the total amount of eight retired workers within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned.
2. The above facts charged constitute an offense falling under Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.
According to the records, the victim F, G, H, I, J, K, and L may be recognized in the course of the sentencing investigation of this Court. According to the records of this case and the results of the sentencing investigation of this court, the victim M delegated his/her intention not to punish G with an identification card, and G delegated his/her intention not to punish the defendant as delegated by the victim M after the victim M paid all wages to the victim M.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.