The prosecution of this case is dismissed.

1. In the facts charged, the Defendant, as the representative C in B, is an employer who runs a manufacturing business using five full-time workers.

Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurs.

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

Nevertheless, the Defendant did not pay KRW 17,802,293 of D retirement allowances from October 1, 2009 to May 27, 2016 at the same place of business within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

2. Judgment dismissing public prosecution

(a) Crimes of non-violation of will: The proviso to Article 44 of the Guarantee of Retirement Benefits of Workers;

(b) Declaration of non-existence of punishment after prosecution: A statement of receipt of a complaint and withdrawal of accusation on January 20, 2017;

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;