근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant of the instant charges did not pay KRW 1,980,000 to the said C by December 14, 2011 through December 31, 2011, even if he/she had employed C at the site of the penta Construction Work in Chungcheongnam-gun B, Ulsan-gun, and even if he/she had employed C, until January 14, 2012.
The Defendant, including this, employed six workers, such as C, from October 5, 201 to January 19, 2012, and did not pay 8,635,000 won in total for 14 days or less where the cause for the payment occurred, even though he/she did not pay 8,635,00 won without justifiable grounds.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(3) of the Labor Standards Act. According to each of the materials submitted by the Defendant on August 6, 2013 and August 23, 2013, following the institution of the instant public prosecution, C et al. clearly expressed the Defendant’s intention not to prosecute the Defendant. Accordingly, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.