The prosecution of this case is dismissed.

1. The Defendant is the representative of C located in the fourth floor of Dongdaemun-gu Seoul Metropolitan Government, who runs the garment wholesale and retail business using one regular 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 date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked from June 15, 2009 to February 1, 2019 and did not pay 16,126,845 won of D's retirement pay within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

2. The facts charged in this case are crimes falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act and cannot be prosecuted against the victim's express intent under the proviso of Article 44 of the same Act. On April 23, 2020, after the institution of the instant indictment, the victim submitted a written agreement and a written withdrawal of complaint to the effect that the victim's employee does not want to punish the defendant. Thus, the instant indictment is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.