The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is a DNA representative in Seo-gu, Daejeon, Seo-gu, Daejeon who runs a medical device distribution business using two full-time workers.

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, from March 3, 2013 to August 23, 2013, the Defendant is working as a member of the above workplace.

The retired E(53 years old)’s wages of KRW 1,00,000,00 for July 2013, and the wages of KRW 741,930 for August 2013, did not pay KRW 1,741,930 for each month within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Determination is a crime 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. According to the written agreement written by E bound in the records, the victim E can be acknowledged the fact that the victim E has withdrawn his/her wish to punish the Defendant on December 19, 2013, which is after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.