The prosecution of this case is dismissed.

1. On May 29, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic laws at the Chuncheon District Court on the charges of violating the Road Traffic Act, and the judgment became final and conclusive on November 16, 2018.

The defendant is a manager of the Dispute Resolution Co., Ltd. in Chuncheon-si, who runs a construction business using five 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the defendant, who retired from the above workplace as a dump truck driver from March 13, 2017 to January 31, 2018, did not pay the wages of 1,60,000 won for November 2017, wages of 2,600,000 won for December, 2018, and wages of 2,60,000,000 won for January 2, 2018, and 6,80,000,000 won for a dump driver from October 9, 2017 to November 16, 2017 as well as E's retirement from working as a dump driver within 14 days from the date of the extension of the period of payment between the parties.

2. The judgment 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 under Article 109(2) of the Labor Standards Act. According to the trial records, the victim E after the instant indictment was filed, and the victim D expressed his/her intention not to be punished against each Defendant on December 13, 2018. Thus, the instant prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.