The prosecution of this case is dismissed.

1. The summary of the facts charged is the user who ordinarily employs 11 workers and operates the manufacturing business of industrial machinery, as the representative director of the Seoul Northern-gu (ju) C, Seo-gu, Seoan-gu.

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 4,329,287 of retirement allowances of retired workers D within 14 days from the date of retirement without an agreement on the extension of payment period between the parties, as the Defendant worked from March 5, 2014 to August 31, 2015.

2. Determination

(a) A case for which a public prosecution cannot be instituted against the victim's explicit intent (proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act);

B. Withdrawal of expression of intent to punish the victim after the indictment of this case

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)