The prosecution of this case is dismissed.

The Defendant is the representative of the C Co., Ltd. located in the Dong-gu Seoul Metropolitan City B and the first floor in Daegu-si, who has run real estate business using one full-time worker.

When a worker retires, the employer shall pay the retirement allowance within fourteen 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 worked in the Revised-gu D and E branch offices located in Gyeonggi-si, Sungnam-si, and the Defendant did not pay KRW 5,760,214 of retirement allowances of retired FF from June 27, 2017 to August 31, 2019 within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

Judgment

The facts charged in the instant case are crimes falling under Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's explicit intent under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

However, according to the records, the agreement that the public prosecution of this case was instituted after December 26, 2019, and the non-application for punishment was submitted to this court on December 8, 2020.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since it constitutes a case in which a victim’s express intent not to prosecute a crime is expressed.