The prosecution of this case is dismissed.

The defendant is the representative director of D in the second floor of the Dongjak-gu Seoul Metropolitan Government, which is a user who conducts real estate development business by using five full-time workers.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, while working from May 1, 2014 to March 29, 2015 and retired from office, did not pay KRW 10,500,000 in total, including KRW 50,000 in October 2014, and KRW 2,000,000 in November of the same year, and KRW 2,000 in January of 2015, and KRW 2,000 in January of the same year, and KRW 2,000 in February of the same year, and KRW 2,00,000 in March of the same year and KRW 2,00,000 in March of the same year without agreement on the extension of the payment date between the parties.

Judgment

The facts charged in this case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s clearly expressed intent under Article 109(3) of the same Act.

In such a case, the victim E submitted to this court a written application for a punishment that he/she did not want to punish the defendant on January 25, 2016, which was after the institution of the instant indictment. Thus, the instant indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.