The prosecution of this case is dismissed.

1. In the facts charged, the Defendant is a full-time employee who employs three full-time workers, as the representative of the CY in Gangdong-gu Seoul Metropolitan Government and the fourth floor.

Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 18,075,042 of the retirement allowances of retired workers D within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, as it worked from October 5, 2009 to September 6, 2016 at the above workplace.

2. The crime of violating the Act on the Guarantee of Retirement Benefits for Workers due to the failure to pay the determined retirement allowances is an offense falling under Article 44 subparagraph 1 or 9 of the Act on the Guarantee of Retirement Benefits for Workers, which cannot be prosecuted against the express will of the victim (worker) in accordance with the proviso to Article 44 of the same Act.

According to the letter of withdrawal of complaint submitted by the above employee to this court on December 2, 2016, it is recognized that the above employee expresses his/her wish not to criminal punishment against the defendant after the indictment of this case, or withdraws his/her wish to punish the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.