The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is the co-manager of the “D”’s 1st underground floor of the Yeongdeungpo-gu Seoul Metropolitan Government Building, who ordinarily employs three workers and operates restaurant business. From August 1, 2012 to the said place of business.

9. A victim E who worked until August 24, 2012, paid 2,950,000 won in total, including 1,700,000 won for August 8, 2012 and 1,250,000 won for September 2012, without any agreement between the parties on extension of payment deadline, within 14 days from the date of retirement.

2. The instant facts charged are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. As such, the instant facts charged were submitted to this court on October 1, 2018, the “written agreement and non-written application for punishment” for the preparation of victim E, indicating the intent not to punish the Defendant, was submitted, and thus, the instant prosecution was dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.