The prosecution of this case is dismissed.

1. The summary of the facts charged is the C representative in Gunsan-si B, who was engaged in mid-term contracting business with one full-time worker.

Where an employee retires, an employer shall pay a retirement allowance within 14 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 did not pay the retirement allowances of KRW 4,460,324 to the retired employee D within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties, as the employee D worked as an employee of ready-mixed vehicle from April 1, 2015 to December 30, 2016.

2. Determination

(a) Applicable law: the main sentence of Article 44 of the Guarantee of Retirement Benefits for Workers, and Articles 44 and 9 of the same Act;

(b) Crimes of non-violation of will: The proviso to Article 44 of the Guarantee of Retirement Benefits of Workers;

C. On December 21, 2017, a person who works in the Navy submits a written agreement that he/she does not want to be punished against the Defendant.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act