The prosecution of this case is dismissed.

1. The Defendant, as the representative of the Dongdaemun-gu Seoul Metropolitan Government “D” heading B and 1st floor C, runs a restaurant business using two full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant is working from September 2, 2019 to November 30, 2019 at the above workplace.

The retirement E’s paid total amount of KRW 982,947, including the weekly paid leave allowances of 171,731, the weekly paid leave allowances of 10 months, KRW 241,34, the weekly paid leave allowances of 169,882, the weekly paid leave allowances of 11 November, and KRW 400,000, the monthly paid wages of 1982,947, without any agreement between the parties on the extension of the due date for payment.

2. 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 pursuant to Article 109(2) of the Labor Standards Act. According to the records and arguments, it can be acknowledged that the victimized worker E consented with the Defendant on April 23, 2020 after the prosecution of this case was instituted, and the Defendant has withdrawn his wish to punish the Defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.