The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as the D representative of Bupyeong-si C and 401, is an employer who ordinarily employs four full-time workers to engage in the business of managing the skin.

Defendant 1 worked in the said workplace from November 4, 2014 to February 28, 2017, and did not pay KRW 4,135,452 of the retirement allowances of E (E, China) retired from the said workplace within 14 days from the date on which the grounds for payment occurred, without any agreement between the parties on the extension of the payment deadline.

2. The instant case is a crime falling under Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s explicit intent pursuant to the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the E written agreement submitted to this court on October 4, 2018, it is recognized that the Defendant expressed his/her wish not to punish the Defendant after the instant public prosecution was instituted. Thus, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.