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The non-punishment crime against the victim's will (反意思不罰罪) has begun to apply to unpaid wages under the Labor Standards Act. This refers to a crime where, even if the victim expresses a will not to punish the perpetrator or makes a statement requesting punishment but then withdraws that statement, the perpetrator cannot be punished.
For example, if an employer who caused unpaid wages pays all the unpaid wages to the worker, and the worker expresses the will that 'I do not want the employer to be punished,' then even if the crime of violating the law by causing unpaid wages is recognized, the employer cannot be punished.
The non-punishment crime against the victim's will applies in cases under the Labor Standards Act such as: failing to pay all wages, compensation, and other monetary amounts that must be paid to the worker within 14 days from the resignation date (Article 36); failing to pay the full amount of wages directly to the worker on the designated payday each month (Article 43); causing unpaid wages due to the fault of the direct contractor (Article 44); or during a suspension of work due to the employer's fault, failing to pay suspension allowances of 70% or more of the average wage (Article 46); or failing to pay 50% premium wages for overtime, night, or holiday work (Article 56). Crimes corresponding to these are punishable by imprisonment for up to 3 years or a fine of up to 20 million won, but if the victim worker expresses the will not to punish the employer, the punishment can be avoided.
On the other hand, note that once a complaint is withdrawn, it cannot be refiled. Therefore, even if an employer makes a verbal promise such as 'If you withdraw the complaint, I will pay the wages,' do not easily withdraw the complaint trusting such promises.