The prosecution of this case against the Defendants is dismissed.

1. The summary of the facts charged is that Defendant A is the representative of the D Teaching Institute located in Heposi-si C, and Defendant B is a co-operator who operates the said D Teaching Institute with eight full-time workers.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties if special circumstances exist.

Nevertheless, the Defendants worked as a private teaching institute bus manager from October 4, 201 to June 30, 2018 at the above workplace, and did not pay 15,009,934 won of retirement allowance of retired workers E within 14 days from the date of retirement without an agreement on extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Articles 9;

(b) Crimes of non-performance of will: The proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. On July 25, 2019, after the prosecution of the instant case, a written application for non-prosecution of punishment indicating the victim’s intent not to punish the Defendants was submitted.

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