The prosecution of this case is dismissed.

1. The Defendant is a representative in Seongbuk-gu Seoul Metropolitan Government, who ordinarily employs three workers and operates Chinese restaurant business.

Where 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 Defendant was employed on April 1, 2015 at the same workplace and re-entered on July 1, 2016 after his retirement on June 18, 2016, and served on July 16, 2017 in the same workplace, and did not pay the retirement allowances of KRW 4,05,090 for the first service period of the retired worker D, retirement allowances of KRW 3,510,00 for the second service period, and retirement allowances of KRW 3,510,00 for the second service period, and from May 18, 2015 to March 20, 2017, two retired workers including the retirement allowances of KRW 3,162,740 for the retirement allowances of KRW 10,727,870 for the retirement allowances of the retired worker D.

2. Determination

(a) A crime of non-violation of will: The proviso to Article 44 of the Guarantee of Retirement Benefits of Workers;

B. On February 27, 2018, after the prosecution of this case, a written agreement that workers D and E do not want the punishment of each Defendant is submitted.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act