The prosecution of this case is dismissed.

1. The summary of the facts charged in the instant case is the employer who runs a construction business using 25 full time workers as the C representative director of the corporation located in the former Gunsan-si B.

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 4,735,524 of D retirement pay from October 8, 2014 to March 18, 2016, within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

2. The facts charged in the instant case are crimes falling under subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s express intent under the proviso to Article 44 of the same Act. According to the agreement withdrawn on April 24, 2017 by the Defendant, the victim D, after the prosecution of the instant case was instituted, may be acknowledged that he/she expressed his/her wish not to punish the Defendant on April 21, 2017, which is the date when the prosecution of the instant case was instituted, and thus, the instant prosecution of this case is dismissed in accordance with Article 326 subparag. 6 of the Criminal Procedure Act.