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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant worked as the representative director of the Company B from November 25, 2013 to February 19, 2016, and did not pay KRW 6,439,282 of the retired employee C’s retirement allowance from the date of retirement 14 days after the date of retirement without any agreement on the extension of the due date between the parties concerned.
2. Determination may not be made against the victim’s explicit intent under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the victim C submitted a written application for non-prosecution to the Defendant to the court on September 2, 2016, which was after the instant indictment was filed, and the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.