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The prosecution of this case is dismissed.
Reasons
1. In the facts charged, the Defendant is a person who is a manager of the Dong-dong-gu building B and the office manager of C located in 206 to 207, who ordinarily employs two workers and operates beauty business (the skin).
Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurs.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay KRW 12,772,334 of the retirement allowances of retired workers from the said workplace within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties concerned.
2. The facts charged in the instant case are crimes falling under Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent pursuant to the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
In this regard, since workers D withdraws his/her wish to punish the defendant on March 23, 2018, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.