The Defendant was dispatched to Chungcheongnam-gun E E, Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant did not pay KRW 1,040,80 of the annual unused allowance and retirement allowance of KRW 3,554,373 in total and KRW 4,595,173 in total from March 1, 2009 to October 31, 2013 as street cleaners, for whom 14 days have passed from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date.

2. The determination is based on the case that falls under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. Since the victim appeared in court on May 29, 2015 and expressed his wish not to punish the defendant, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.