The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as the C representative in Mapo-si B, employs seven full-time workers and engages in manufacturing business (gold).

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.

Nevertheless, the Defendant worked from March 7, 2009 to July 25, 2012 at the above workplace and did not pay KRW 7,704,411 of the retirement pay balance of D's retirement pay within 14 days from the date of retirement on which the cause for payment occurred, without any agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's explicit intent pursuant to the proviso to Article 44 of the same Act. According to the records, the victim expressed his/her intention not to prosecute the defendant after instituting the prosecution. Thus, the prosecution in the instant case is dismissed pursuant to subparagraph 6 of Article 327