When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant employed the said workplace from May 16, 2014 to February 15, 2016, and did not pay KRW 4,008,635 of the retirement allowances of E that retired from office within 14 days from the date of retirement without an agreement between the parties.

2. The facts charged in the instant case are the crimes falling under subparagraph 1 of Article 44 and Article 9 of the Guarantee of Retirement Benefits for respective workers, and they cannot be prosecuted against the intent expressed by the victim under the proviso of Article 44 of the Guarantee of Retirement Benefits for Workers.

On September 27, 2016, workers E, after the institution of the instant prosecution, withdrawn the wish to punish the Defendant.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.