The prosecution of this case is dismissed.

1. The summary of the facts charged is a business owner and an employer who runs a private teaching institute business with ten full-time workers at C Teaching Institutes located in Daegu Suwon-gu B.

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.

The Defendant worked as an instructor of a private teaching institute from July 17, 2017 to May 31, 2019 at the same place of business, and did not pay part of the retirement allowances of KRW 3,042,164 to D retired on June 1, 2019 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Articles 9;

(b) Crimes of non-violation of will: the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. On March 5, 2020, after the institution of prosecution, the withdrawal of the complaint on March 5, 202, stating the employee’s intent not to punish the Defendant.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;