The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is an actual operator of a restaurant in the 2nd floor in the Cheongju-gu, Young-gu, Chungcheongnam-gu, who ordinarily employs six workers and operates a general restaurant business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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, at the foregoing workplace from April 11, 2013 to June 18, 2013, worked as a kitchen and retired from the workplace, did not pay the amount of KRW 2,200,000 for May 1, 2013, as well as KRW 586,00 for June 2013, to KRW 2,786,00 for the total amount of KRW 2,786,00 for the extension of the payment date without agreement between the parties concerned.

2. 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 express intent under Article 109(2) of the same Act. According to the written agreement for the preparation of victim D, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on April 9, 2014, which is after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.