The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative of the “C” in Gyeyang-gu Incheon Metropolitan City, who is an employer who conducts the food-related business using one regular worker.

The Defendant, from September 26, 2012 to October 25, 2013, did not pay KRW 1,207,280 of D retirement pay within 14 days from the date of retirement without an agreement on extension of the due date.

2. The facts charged in the instant case are the crimes falling under Article 44 subparagraph 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 to Article 44 of the same Act. According to the records of the written application for non-prosecution of punishment bound in the trial records, the victim D can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on August 29, 2014, which was after the prosecution of the instant case was instituted. Thus, the prosecution of the instant case is dismissed under Article 327 subparagraph 6 of the Criminal Procedure Act and is so ordered as per