The prosecution of this case is dismissed.

1. The Defendant, as the representative director of Seongbuk-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, B B, and 201, is an employer who operates electricity supply and control system business using ten full-time workers.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay the retirement allowances of KRW 12,580,816 to the retired worker D within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, from May 13, 2013 to May 19, 2017.

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 same Act;

C. On March 9, 2018, the victim submitted a criminal agreement and a written application for non-criminal punishment, stating that he/she does not want to be punished against the defendant on March 9, 2018.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act