The prosecution of this case is dismissed.

1. The summary of the facts charged is the defendant who is the representative of Young-gu Co., Ltd. C and D located in Young-gu Co., Ltd. 501 and operates a manufacturing business (software development and supply business) with five regular workers.

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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 4,862,980 of E's retirement pay from February 7, 2011 to July 3, 2014 at the same place of business within 14 days from the date when the cause for payment occurred without an 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 under the proviso to Article 44 of the same Act. According to the records, the facts can be acknowledged that the victim voluntarily submitted an agreement on September 22, 2015, which was after the institution of the instant indictment, and withdrawn his/her wish to punish the defendant. Thus, the instant indictment is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.