The prosecution of this case is dismissed.

The summary of the facts charged is that the Defendant is an actual manager of the “C” located in the Heak-gu Seoul Metropolitan Government B, who ordinarily employs five workers and operates a restaurant business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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, at the foregoing workplace from May 6, 2014 to July 31, 2014, worked as the head of the division and retired workers D's wage 2,290,000 won on June 6, 2014, and the total of KRW 4,386,770 on July 7, 2014, as described in the separate sheet, did not pay KRW 10,66,770 on the extension of the due date for payment as well as KRW 4,386,70 on the part of the retired workers D' and E's wage 10,66,770 on the date of retirement without agreement between the parties concerned.

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 express intent under Article 109(2) of the same Act. According to the victim D and E’s written withdrawal of complaint, the victims can be acknowledged as the facts that they fully withdrawn their wish to punish the Defendant on February 3, 2015, which is after the institution of the instant indictment. Thus, the indictment in this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.