The prosecution of this case is dismissed.

1. The gist of the facts charged is that the Defendant is the representative of C located in Yongama Group B, who ordinarily employs 13 workers and operates a manufacturing business.

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 total amount of KRW 25,979,690 for five employees as stated in the list of crimes in the separate sheet of crimes, including KRW 8,868,977 of D retirement pay, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without the agreement between the parties to extend the payment deadline.

2. The above facts charged are crimes falling under Article 44 subparagraph 1 of the Act on the Guarantee of Retirement Benefits for respective workers, which cannot be prosecuted against the victim's express intent pursuant to the proviso to Article 44 of the same Act. According to the records, it is recognized that the victims expressed their intention not to punish the defendant after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.