The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is the actual manager of D in the Youngdong-gu Busan Metropolitan City, Goyang-si, who ordinarily employs 10 workers and operates restaurant business.

The Defendant had worked from October 1, 2008 to September 6, 2012 at the above workplace and had not paid KRW 5,477,950 in the aggregate of 320,000 wages of retired workers E including retirement allowances and 5,157,951 won, within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date.

2. We examine the judgment, and the above facts charged are crimes 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.

However, according to the records, it is recognized that the victim E submitted a written withdrawal of the complaint to the effect that the victim E withdraws his/her previous wish to punish the defendant around October 1, 2013 after the institution of the instant indictment. Thus, the indictment of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.