The prosecution of this case is dismissed.

The Defendant, as the representative of Gyeonggi-si, is an employer who runs the machinery manufacturing business using seven full-time workers as the representative of Gyeonggi-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and 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 did not pay the sum of D’s wages of 2,03,10 won in May 2020, which had worked from September 3, 2012 to September 25, 2020 at the said workplace, within 14 days from the date of retirement without an agreement between the parties on the extension of payment period, for the period of June 2020, the amount of wages of 3,049,610 won in June 3, 2020, the amount of wages of 3,082,460 won in July 2020, the amount of wages of 3,105,980 won in August 20, and the amount of wages of 3,293,080 won in September 20, 2020.

Judgment

The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act.

According to the records, it is recognized that the agreement was submitted to this court on November 3, 2020, to the effect that the defendant does not want to be punished by the victim after October 26, 2020, which was instituted by 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 it constitutes a case in which a victim’s express intent not to prosecute a crime is expressed.