The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is an employer as a person in charge of business management who ordinarily employs 25 workers as a business operator in the F (ju) in Yang Nam-si, Yangyang-si.

When an employee retires, an employer shall pay a retirement allowance within 14 days after 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 suspect did not pay KRW 8,52,984 of G retirement pay of foreign workers who retired from the above workplace from August 6, 2012 to May 8, 2016, within 14 days from the date on which the cause for the occurrence of the payment occurred, without any agreement between the parties on the extension of the payment deadline.

2. The facts charged in the instant case are the crimes falling under Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the intent expressed by the victim under the proviso to Article 44 of the same Act.

In such a case, G expressed its intention not to punish the Defendant on October 30, 2018, which was after the instant indictment was instituted, and thus, the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.