The prosecution of this case is dismissed.

1. The summary of the facts charged is a manager of the funeral hall located in Yeonsu-gu Incheon Metropolitan City B, who ordinarily employs 11 full-time workers and operates a funeral hall.

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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 5,372,660 of D retirement pay from December 28, 2013 to October 20, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline.

2. The facts charged in the instant case are those falling under Article 44 subparagraph 1 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the express will of the victim pursuant to the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

However, according to the records of this case, the instant indictment was dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act, as the written withdrawal of each petition ( accusation) written by the victimized employee D was submitted to the effect that the Defendant does not want to be punished to this court on March 27, 2017 and April 27, 2017, which was after the prosecution was instituted.