The prosecution of this case is dismissed.

The Defendant is a business owner who is the representative in Seongbuk-gu, Seongbuk-gu, Sungwon-si and engages in transportation business using two full-time workers.

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 8,182,013 of D’s retirement allowances from January 10, 2018 to August 20, 2020, within 14 days from the date of retirement, which is the date of occurrence of the cause of payment, without agreement between the parties to the extension of the payment deadline.

2. The judgment below is the case falling under Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim's explicit intent under Article 109 (2) of the Labor Standards Act, and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records, the victim can be acknowledged the fact that the victim submitted the written agreement after the prosecution of this case and submitted a 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.