The prosecution of this case is dismissed.

The summary of the facts charged in the instant case is that the Defendant, as a manager of “D cafeteria” on the Yongsan-gu Seoul Metropolitan Government 1’s floor, is an employer who ordinarily employs two employees and runs restaurant business, and the said workplace has worked from May 6, 2015 to May 16, 2016, and the Defendant did not pay KRW 2,041,241 of the victim E’s retirement pay to the victim retired from office within 14 days from the date of retirement on which the grounds for payment occurred without an agreement on the extension of payment deadline between the parties.

However, this is a crime falling under the main sentence of Article 44 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s explicit intent pursuant to the proviso of Article 44 of the same Act.

In this regard, according to the statements of the witness E in this Court, the victim can be acknowledged as the fact that he/she has withdrawn his/her wish to punish the defendant on October 11, 2017, the date of the third public trial of this case, which was after the prosecution of this case.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.