Where a worker retires, the employer shall pay the retirement allowance within 14 days from the time when the cause for such payment occurred, but the defendant worked in the above workplace from January 22, 2009 to March 22, 2013, and did not pay the retirement allowance of 6,80,000 won of D's retirement allowance within 14 days from the date of retirement without any agreement between the parties concerned about the extension of the due date.

2. The facts charged of this case are crimes falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act and cannot be prosecuted against the victim's explicit intent under the proviso of Article 44 of the same Act. Since victim D expressed his/her intention not to be punished after the prosecution of this case, the prosecution of this case is dismissed in accordance with subparagraph 6 of Article 327 of the Criminal Procedure Act.