The prosecution of this case is dismissed.

1. In the facts charged, the Defendant is a business owner who runs metal processing business using one full-time worker as the representative in Seongbuk-gu, Sungwon-si, Changwon-si.

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 in extenuating circumstances.

Nevertheless, the defendant is working for the production company from February 2004 to October 31, 2019 at the above workplace.

A retired D's retirement allowance of 12,312,686 won from December 1, 2010 to March 31, 2018 was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on extension between the parties concerned.

2. The judgment is a crime 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 the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records, the victim can be acknowledged that he/she submitted the written agreement after instituting the prosecution of this case and expressed his/her wish not to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of