Wages shall be paid directly in currency to workers in full, and shall be paid at least once a month on a fixed date.

Nevertheless, the Defendant, around January 10, 2012, did not pay KRW 434,784 of the annual paid leave allowance of 2010 on a regular date of payment of wages as well as KRW 14,950,490, total amount of the annual paid leave allowance of 56 employees in 2010, as shown in the attached list of crimes in the attached list of crimes, respectively, on January 10, 2012.

2. Each of the facts charged in the instant case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the statement on withdrawal of a complaint and a written application for non-prosecution of punishment filed in the trial records, 56 workers as stated in the facts charged can be acknowledged as having withdrawn the Defendant’s expression of intent to punish the Defendant on March 5, 2013, which is the date the instant prosecution was instituted. Thus, the instant prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.