The prosecution of this case is dismissed.

1. In the facts charged, the Defendant is an actual management owner of the Seocho-gu Busan Metropolitan Government B Co., Ltd., which is an employer who employs eight regular workers and engages in the manufacture and sale of phrases.

The Defendant, at the same place of business, worked from May 25, 201 to April 5, 2012, and retired from the said place of business, did not pay KRW 2,280,000, including KRW 1,100,000 in January 201 of the retired C, and KRW 1,10,000 in February of the same year, and KRW 80,000 in April of the same year, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date of money and valuables.

2. We examine the judgment. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

However, according to the records, C may recognize the fact that he/she has withdrawn his/her wish to punish the defendant by mutual consent with the defendant around January 2013 after the institution of the instant prosecution. Thus, the instant prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.