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

The defendant is an employer who is engaged in automobile rental business by employing five full-time workers as the actual operator of the Dispute Resolution Co., Ltd. in Jeju-si.

The Defendant did not pay KRW 6,566,258 of retirement allowances of victims D (30 years of age) who retired while working in the said workplace from around July 10, 2017 to February 14, 2020 within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

However, the facts charged of this case are crimes falling under the main sentence of Article 44 and the main sentence of Article 9 of the Guarantee of Workers' Retirement Benefits Act that cannot be prosecuted against the victim's explicit intent under the proviso of Article 44 of the same Act. According to the documents submitted by the defendant's defense counsel to this court as of August 7, 2020, the facts that the victim explicitly expresses his/her intention not to be punished against the defendant on July 10, 2020 can be acknowledged. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.