The prosecution of this case is dismissed.

1. The summary of the facts charged is an employer who runs vessel parts manufacturing business using six full-time workers under the trade name of Kimhae-si B through C.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 did not pay KRW 29,896,105 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on extension of the payment deadline between the parties, in total of KRW 9,724,80,80 and KRW 20,171,305, which is the total of the six-month wages from February 2, 2003 to July 31, 2015, as well as KRW 29,896,105, which is the date of the occurrence of the cause for payment.

2. We examine the judgment. This is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s express will of the person working under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Workers’ Retirement Benefit Security Act. According to the records, the above D can be seen as having expressed his/her intent not to be punished against the Defendant on March 2, 2017, which is after the instant public prosecution was instituted. Thus, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.