The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative director of the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City, who runs a construction business with 14 full-time workers.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which 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 Defendant did not pay KRW 3,199,157 of retirement allowances of retired workers D within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, as it worked in the said workplace from June 29, 2015 to July 25, 2016.

2. Determination

(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;

(b) Crimes of non-violation of will: The proviso to Article 44 of the Guarantee of Retirement Benefits of Workers;

(c) Unwritten expression of intent to punish: Submission of a written application to punish the victim after institution of the instant prosecution;

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;