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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged in the instant case is an individual constructor who ordinarily received subcontracting from D Construction to ten full-time workers at the site of Seo-gu New Construction in Gwangju, Seo-gu, Gwangju, and performed mold construction from April 1, 2015 to May 29, 2015.
From April 1, 2015 to May 29, 2015, the Defendant did not pay 63,880,000 won in total for 43-day wages to 15 workers, as shown in the attached table of sight, as well as 63,80,000 won in total for 43-day wages of E-day wages of 43-day workers retired from office, who were working at the above new construction site from April 1, 2015 to May 29, 2015.
2. The judgment is based on the case that constitutes a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act. On December 22, 2016, based on a written confirmation of each fact written by the workers submitted to this court, it can be recognized that the said workers expressed their wish not to punish the Defendant on December 21, 2016, after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.