The prosecution of this case is dismissed.

1. The summary of the facts charged in this case is that the Defendant, as the representative of the (B)C in Namyang-si, is an employer who runs a manufacturing business using three full-time workers.

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

Nevertheless, the Defendant did not pay KRW 8,875,341 of D’s retirement pay balance within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment between the parties, which had worked from November 1, 2012 to April 20, 2018.

2. We examine the judgment. The facts charged of this case are crimes falling under Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's clearly expressed intent under the proviso to Article 44 of the same Act. According to the records, on February 12, 2019, after instituting the prosecution of this case, workers D submitted a written application for non-prosecution of punishment to the defendant and expressed his wish not to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.