The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative of the C Hospital located in Gwangju North-gu B, who runs a health business with 130 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant: (a) worked at the pertinent hospital from February 6, 2012 to July 6, 2014; (b) paid KRW 13,000,000 on May 5, 2013; (c) wage of KRW 4,00,000 on October 10 of the same year; and (d) wage of KRW 4,00,000,000 on April 6, 2014; and (c) the same year;

5. Wages of 13,00,000 won, and the same year.

6. Unless there exists an agreement between the parties on the extension of the due date for payment, the wage of KRW 44,000,000 has not been paid for 14 days after the date of retirement.

2. Determination: (a) It is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act; (b) according to the written agreement submitted to the court on November 21, 2014, the injured employee expressed his/her wish not to punish the Defendant in preparing the written agreement with the Defendant on November 19, 2014, after the public prosecution of this case was instituted. Accordingly, the above facts charged constitute a case in which the victim expressed his/her wish not to prosecute a case against the victim’s explicit intent, and thus, the public prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.