The prosecution of this case is dismissed.

1. The summary of the facts charged is an employer who runs wholesale and retail business with one full-time worker in the Yeonsu-gu Incheon Building E-dong, Incheon, by making use of one full-time worker.

When a worker retires, an employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant worked from June 16, 2014 to November 30, 2015, and did not pay KRW 4,514,160 of retirement allowances of retired workers D within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

2. The facts charged in the instant case are crimes falling under subparagraph 1 of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s express intent pursuant to the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the victim on November 8, 2016, which was after the institution of the instant indictment, submitted a written statement that the victim would not want the defendant’s punishment, and thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act (see, e.g., Supreme Court Decision 93Do3221, Feb. 25, 1994).