The prosecution of this case is dismissed.

1. In the facts charged, the Defendant is an employer who is a business manager in charge of manufacturing steel structures with eight full-time workers, who is a business manager in charge of manufacturing steel structures located in Haan-gun, Haan-gun.

When a worker dies or retires, the employer shall pay the wages, compensations, and 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 in charge of the official duties from August 5, 2019 to September 30, 2019 at the above workplace.

D's wage of 2,585,625 won in September 2019 was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date.

2. The facts charged in the instant 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.

However, according to the “written withdrawal of a complaint” submitted on August 10, 2020, the employee D expressed his/her intent to withdraw a complaint by mutual consent with the Defendant on August 10, 2020 after the institution of a public prosecution. It can be interpreted that the Defendant does not want to punish the victim.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.