The prosecution of this case is dismissed.

The summary of the facts charged is that the Defendant is an actual manager of the “C” in the petition-gu B, Cheongju-si, who ordinarily employs four workers and operates an entertainment 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 had worked as an employee from January 20, 2014 to July 20, 2014 at the foregoing workplace and had retired from the said workplace, and had not paid the total of 3.5 million won, including KRW 500,000,000 for April 20, 2014, KRW 1 million for May 2014, KRW 1 million for June 2014, and KRW 1 million for July 2014, as well as KRW 3.5 million for the extension of the due date without agreement between the parties concerned.

Judgment

The facts charged in this case 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. According to the written agreement on the preparation of victim D, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on January 26, 2015, which is after the institution of the case, so the prosecution in this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.