The prosecution of this case is dismissed.

1. The summary of the facts charged is the C representative in Dongdaemun-gu Seoul Metropolitan City, Jeonjin-gu, who is a user who runs a construction business by employing 10 full time workers at the multi-household new construction work site in Seojin-gu, Jeonjin-gu, Seoul Metropolitan City.

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 did not pay KRW 3,670,00,00 for the total amount of wages of KRW 370,000 for March 3, 2013, and monthly wage of KRW 2,200,000 for April 2013, and KRW 1,100,000 for May 2013 without agreement on the extension of the due date between the parties.

2. Public prosecution is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be instituted against the victim’s express intent under Article 109(2) of the same Act.

However, according to the written agreement prepared by E which is bound in the records, it can be recognized that E, a victim employee, has withdrawn his/her wish to punish the defendant on March 27, 2015, which is after the prosecution of this case.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act since the victim withdraws his/her wish to punish a case which cannot be prosecuted against the clearly expressed will of the victim.