The prosecution of this case is dismissed.

1. The Defendant, as a representative in Nam-gu Incheon Metropolitan City B, is an employer who employs six full-time workers and operates a general food business. From September 9, 2009 to April 27, 201, the Defendant did not pay KRW 1,967,721 of the retirement allowances of retired workers D within 14 days from the date on which the cause for payment occurred, without any agreement between the parties on extension of the due date for payment.

2. The facts charged of this case are crimes falling under Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim's explicit intent under the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records, it is recognized that the victim D expressed his/her intention not to be punished for the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed under Article 327 subparagraph 6 of the Criminal Procedure Act.