The prosecution of this case is dismissed.

Punishment of the crime

The defendant is the representative of the C company in Gangnam-gu Seoul Metropolitan Government 302, who runs a construction business without obtaining a construction license using one full-time worker.

The Defendant did not pay KRW 300,000,000, monthly wage of KRW 2,850,000 as well as KRW 3,150,000,00, monthly wage of November, 2012, within 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date for payment between the parties, by serving in the construction of a multi-family house in D at the construction site of Gyeonggi-gun, from October 30, 2012 to November 22, 2012.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

However, according to the trial records, it is recognized that the employee E expressed his/her intention not to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.