The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative director of the Co., Ltd. in Incheon Strengthening Group B and the employer operating a construction business. The defendant is an associate contractor who subcontracts to E without a construction business license for the painting construction site.

Where a construction business is conducted on two or more occasions, and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her workers when the business has been made a contract under subparagraph 11 of Article 2 of the same Act, the immediately preceding contractor shall be liable to pay wages to his/her workers jointly and severally

Nevertheless, although the Defendant was unable to pay KRW 1,065,00 of the F’s wage in December 2019, which was worked from December 9, 2019 to March 31, 2020, the Defendant did not pay KRW 1,065,00 of the F’s wage in December 2019, which was employed by E, 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.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 44-2 of the Labor Standards Act, and cannot be prosecuted against the express will of the victimized employee under Article 109(2) of the Labor Standards Act.

According to the records, since the employee F withdraws his previous wish to punish the defendant after the indictment of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.