The prosecution of this case is dismissed.

1. In the facts charged, the Defendant is an employer who ordinarily employs three full-time workers as the operator of the building B or D in the Gangwon-si, Gangwon-si, and the Defendant is an employer who operates the Korean food 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 employed from September 5, 2019 to December 1, 2019 at the above workplace and did not pay wages of KRW 435,000,00 in total, including part of the wages of KRW 395,00 in November 2019, and wages of KRW 40,000 in December 2019, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

2. The facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to records, the victim’s withdrawal of his/her wish to punish the defendant after the prosecution of this case is recognized. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.