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The prosecution of this case is dismissed.
Reasons
[Status, etc. of the Defendant] The Defendant is a person who runs a construction business with D trade name in Daegu Northern-gu Co., Ltd., and is a direct contractor who subcontracts the E Model House construction site to F at the time of residence, E Model House construction site at the above address.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, and when the business is conducted based on several tiers of contracts, if the subcontractor fails to pay wages to the worker due to reasons attributable to the immediate recipient, the immediate upper tier contractor shall be jointly and severally liable with the relevant subcontractor.
[Detailed Criminal Facts]
1. The Defendant was unable to pay the construction cost at the above site to the subcontractor F, and the F did not pay a total of KRW 2,90,000 won in March 12, 2015, and KRW 9,10,000 in April 9, 2015 to the subcontractor who worked as the construction worker at the above site from March 12, 2015 to April 7, 2015, without extending the due date by an agreement between the parties, within 14 days from the date of retirement.
2. The Defendant did not extend the due date by an agreement between the parties, but did not pay the total of KRW 5,500,000 from August 26, 2015 to August 9, 2015 of H’s wages of KRW 1760,00 in August 2015, wages of KRW 1980,000 in August 2015, and wages of KRW 1760,00 in August 2015 of the same J, within 14 days from the date of retirement.
Judgment
Each of the facts charged in this case is a crime falling under Article 109(1) of the Labor Standards Act, and cannot be prosecuted against the express will of each damaged worker pursuant to Article 109(2) of the Labor Standards Act.
In that sense, G, H, I, and J expressed their intent not to be punished for the accused after the prosecution was instituted in a reasonable and reliable manner, so Article 327 subparagraph 6 of the Criminal Procedure Act shall be applied.