The Defendant did not pay 1,428,00 won in total, including 315,00 won in January 2, 2013 and 1,113,000 won in February 2013, to E, who worked from January 17, 2013 to February 28, 2013 at the same place of business, within 14 days from the date of retirement, which is the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the payment period.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act that cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. According to the records, it is apparent that the victim withdrawn his/her wish to punish the defendant on February 7, 2014, after the public prosecution of the instant case was instituted. Thus, the public prosecution of the instant case is dismissed under Article 327(6) of the Criminal Procedure Act.