The prosecution of this case is dismissed.

1. The Defendant is an employer who runs a construction business by employing 35 full-time workers as the representative director of the C Co., Ltd. in Seongbuk-gu, Sungnam-si.

An employer shall, where a worker retires, pay a retirement allowance within 14 days from the date on which the grounds for such payment occurred, and where in special circumstances exist, the payment date may be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant did not pay the retirement allowance of KRW 25,050,054 to D retired from the said workplace from May 10, 2004 to May 22, 2016 without agreement between the parties on the extension of the payment deadline within 14 days from the date of retirement, and did not pay the total of KRW 76,826,129 for three retired workers within 14 days from the date of retirement without agreement on the extension of the payment deadline.

2. In light of the records, the victims cannot bring an action against the victim’s explicit intent under the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, which constitutes a crime falling under Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits. However, according to the records, the victims expressed their wish not to punish the Defendant while submitting an agreement and a written application for non-prosecution of punishment after the institution of the instant prosecution.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.