근로기준법위반
All prosecutions against the Defendants are dismissed.
1. The summary of the facts charged in the instant case is as follows: Defendant A, the representative of the Republic of Korea, was a direct contractor who subcontracted the instant new construction site to Defendant A who is not a constructor while executing the said new construction site, and worked from March 23, 2018 to March 26, 2018 at the construction site of the D Industrial Complex Construction site of the Namyang-si, including KRW 180,000, the total wage of KRW 5,280,000, and the total wage of eight retired workers as shown in the separate crime list, and did not pay KRW 5,280,000, within 14 days from the date when the cause for payment occurred without agreement on extension between the parties. Defendant B, as the representative of the F, was jointly and severally liable with Defendant A to pay the wages of workers, and Defendant B did not pay KRW 88,528,000,000, the total wage of workers indicated in the separate crime list, including Workers E, etc., within 14 days from the date of payment.
2. We examine the judgment, and the facts charged against Defendant A are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017). The facts charged against Defendant B are crimes falling under Articles 109(1) and 44-2 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the former Labor Standards Act. According to the records of this case, it can be acknowledged that the victims expressed their intent not to be punished by the Defendants at this court on Nov. 10, 2019 after the prosecution of this case. Accordingly, the court’s order to prosecute the Defendants pursuant to Article 327 subparag. 6 of the Criminal Procedure Act is dismissed.