The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is a company owner in Chuncheon City C Co., Ltd., and runs a construction business with five full-time workers.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

The Defendant, from August 1, 2014 to August 18, 2014, worked as an employee at the pertinent workplace and retired from office on August 18, 2014, failed to pay KRW 1,350,000 on August 8, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, and did not pay KRW 20,690,000 in total of the money and valuables in arrears in the name of an employee9, as described in the attached crime list, within 14 days from the date of retirement, without any agreement on the extension of payment deadline between the parties.

2. The judgment below is the case that constitutes a crime 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 Labor Standards Act. According to each written statement of non-prosecution of punishment submitted to this court on August 8, 2016, the injured workers clearly expressed their wish not to prosecute the defendant on August 5, 2016, which is after the public prosecution of this case was instituted. Accordingly, the above facts charged constitute a case where the victim expressed his wish not to prosecute a case that cannot be prosecuted against the victim’s explicit intent, and thus, the public prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.