When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties if special circumstances exist.

Nevertheless, the Defendant had worked from April 1, 2010 to March 18, 2014 at the above workplace and had not paid KRW 5,934,08 of D retirement pay within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any extension agreement between the parties.

2. Each of the facts charged in the instant case is a crime falling under Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since an agreement on October 2, 2014, which was subsequent to the instant indictment, submitted to this court that the Defendant was not punished on October 2, 2014, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.