The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is the representative of C in Bupyeong-si, Busan, who has run wholesale and retail business using one employee.

The Defendant had worked from June 20, 2014 to June 26, 2016 at the same place of business and had not paid KRW 3,992,791 of the retirement allowances of D who retired from the said place of business within 14 days from the date when the cause for the payment occurred without agreement between the parties on the extension of the payment date.

2. The case is a crime falling under Article 44 subparag. 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 to Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the written withdrawal of complaint under the employee D's name on May 13, 2019, it can be acknowledged that the above employee expressed his/her wish not to punish the defendant after the institution of the instant indictment. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.