The prosecution of this case is dismissed.

1. The Defendant, as the representative of the Suwon-si Suwon-si Co., Ltd. 1st floor D, is an employer who runs a retail business with five regular workers.

When a worker dies or 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 special circumstances.

Nevertheless, the Defendant is working from April 1, 2015 to April 27, 2016.

The retirement allowance of retired workers E was not paid KRW 1,033,643 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Determination

(a) Crimes of non-compliance with an intention: Subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

B. On December 20, 2016, workers E, after the indictment of this case, withdraws the expression of intent to punish the Defendant.

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