근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant, as the actual management owner of a limited liability company B located in the facts charged, is an employer who runs a construction business using ten full-time workers.
The defendant shall be on the daily basis from May 17, 2012 to June 10, 2012, with his/her daily allowance system adjoining to the above workplace.
Wages of retired workers D during the above-term period of 3,010,000 won and from March 1, 2012 to July 27, 2012.
Wages E of retired workers were not paid 3,450,000 won (the amount of KRW 150,000, June 240, July 90) for the lapse of 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.
2. We examine the judgment. 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(2) of the same Act. Since workers E and D’s withdrawal of the petition was submitted on September 4, 2013, after the institution of the instant case, “not wanting to be punished against the defendant,” the indictment in the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.