[2013 Highest 912] The Defendant was employed by D Co., Ltd. from May 2, 2013 to June 17, 2013, and worked as an official member from Boan-si, Boan-si, the Defendant did not pay KRW 3,355,00 in total, within 14 days from May 1, 2013 to June 25, 2013 without agreement on the extension of the payment date between the parties to the case, and did not pay KRW 61,483,00 in total of 30 workers’ wages from May 1, 2013 to June 25, 2013, within 14 days from the date on which the cause for payment occurred without any agreement on the extension of the payment date between the parties.

[2013 Highest 1012] The Defendant was employed by D Co., Ltd. from March 20, 2012 to June 3, 2013, and did not pay an amount equivalent to KRW 3,913,800 to workers G wages of KRW 13,614,410, total amount of five workers from March 20, 2012 to June 3, 2013, within 14 days from the date when the cause for payment occurred without an agreement on the extension of payment deadline between the parties, without having agreed on the extension of payment deadline between the parties.

The grounds for dismissing the prosecution in this case are the 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According to the records, it can be recognized that the above victims have withdrawn their wish to punish the defendant after the indictment of this case was instituted. Thus, each indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.