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The prosecution of this case is dismissed.
Reasons
1. The defendant is the representative of Gyeyang-gu building C, Incheon, who runs a construction business with two regular workers.
The Defendant did not pay 1,00,000 won of D’s wages in December 2013, 2013, which had worked from December 9, 2013 to January 21, 2014 at the same place of business, within 14 days from the date of retirement, without agreement on extension of the payment date.
2. The facts charged in this 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 under Article 109(2) of the Labor Standards Act.
However, according to the "Agreement" written in the trial records, it is recognized that the victim has withdrawn his wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.