The prosecution of this case is dismissed.

1. The summary of the facts charged in the instant case is the actual manager of D Co., Ltd. in Jung-gu Incheon Metropolitan City, who runs a logistics business using seven full-time workers.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the defendant worked in the above workplace from May 1, 201 to August 9, 2015 and did not pay KRW 5,405,029 of retirement pay to E that retired from the workplace within 14 days from the date of retirement, which is the date of occurrence of the cause of payment, without agreement between the parties on the extension of the day of payment.

2. Determination

(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;

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

C. On June 13, 2017, after the indictment of this case, submission of a written application for a non-guilty punishment to the effect that workers E does not want punishment against the defendant.

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