The Defendant worked as a driver of a cut-off season from September 2, 2013 to January 3, 2014 at a large number of sites, such as the site of “construction, renovation, and repair of a C building,” which is located in Ansan-si, and did not pay KRW 1,468,760, the sum of the wages of KRW 1,246,180, and the wages of KRW 222,58,760 on January 2, 2014, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

Judgment

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

According to the trial records, it can be recognized that the victim has withdrawn his/her wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.