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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant, while running a private teaching institute set forth in Section B C, was not paid KRW 19,412,920 of retirement allowances of retired workers E while working in the above workplace from February 9, 2012 to May 19, 2018, without an agreement between the parties on the extension of the due date for payment between them.
2. According to the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act, the instant case is a case in which a public prosecution cannot be instituted against the victim’s explicit intent. On October 31, 2019, after the instant public prosecution was instituted, the victim expressed his/her intention not to have the Defendant punished.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition by the assent of all participating Justices on the ground that there is an expression of intent not to prosecute a case which cannot be prosecuted against the victim’s express intent.