The prosecution of this case is dismissed.

When a worker who has worked for a public agency retires, the employer shall pay his/her wages, compensations, other money and other valuables, and retirement allowances within 14 days after the cause for such payment occurred.

The defendant is a representative of the Gangseo-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., which employs two full-time workers and operates a software development company.

Nevertheless, the Defendant, who retired from the said workplace from around September 19, 2016 to May 2, 2017, did not pay KRW 6,200,00 for four-month wages from around October 1, 2016 to around April 12, 2017 without any agreement between the parties on the extension of the payment deadline.

Judgment

The facts charged of 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 same Act.

According to the records, it is recognized that the injured workers clearly expressed their intention not to have their punishment against each defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.