The prosecution of this case is dismissed.

1. The Defendant, in the facts charged, is a company C manager in Jeju Special Self-Governing City B, who ordinarily employs 75 workers and engages in a mantheses business.

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 3,609,200 of D retirement pay from December 23, 2014 to March 10, 2016 within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.

2. Judgment dismissing public prosecution

(a) Crimes of non-violation of will: The proviso to Article 44 of the Guarantee of Retirement Benefits of Workers;

(b) Declaration of non-existence of punishment after prosecution: Withdrawal of a petition on May 10, 2017;

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