The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is a general restaurant operator who ordinarily employs four workers under the trade name “D” from the fourth floor of Seoul Special Metropolitan City, Nowon-gu, Seoul.

When an employee dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, but the accused, despite of the fact that he/she paid the wages, compensations, and other money and valuables at the workplace above, shall work from March 7 to March 10, 2016.

Wages of 155,00 won for retired workers E was not paid within 14 days from the date of the above retirement.

2. The judgment was based on the case where a crime falling under Articles 109(1) and 36 of the Labor Standards Act cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the records of the written application for non-prosecution of punishment filed in the records, it is recognized that E had withdrawn his/her wish to punish the defendant on December 15, 2016, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.