The prosecution of this case is dismissed.

1. The summary of the facts charged is the user as the representative of the (ju)C representative of Yongsan-gu Seoul Metropolitan Government building B 903.

Where an employee retires, the employer shall pay the retirement allowance within 14 days from the date on which the relevant grounds for payment occurred, unless there exists an agreement between the relevant parties on extension of the payment date.

From April 1, 2004 to May 1, 2016, the Defendant did not pay KRW 39,078,773 of retirement allowances of retired workers D within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. The fact that the employee’s violation of the Act on the Guarantee of Retirement Benefits due to the failure to pay the determined retirement allowance is not prosecuted against the victim’s explicit intent (the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits), and since the victimized employee D expressed his/her intent not to be punished, this part of the prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal