The prosecution of this case is dismissed.

1. On April 17, 2009, the Defendant was a major shareholder of (ju) D for the purpose of construction machinery contract and rental business, etc. in Seo-gu, Seo-gu, Gwangju, and was appointed as the representative director of the said company on December 5, 2013. From January 7, 2013, the Defendant was appointed as the representative director of (ju) E in the same place as D.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

The Defendant: (a) from June 18, 2012, worked in D; (b) from around October 2013 to around January 31, 2014, the Defendant paid KRW 3,973,347 of his retirement pay to F, without any extension of the due date for payment under an agreement between the parties concerned, within 14 days from the date of retirement.

2. Determination and conclusion

(a) Crimes of non-performance of will: The proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. After the prosecution of the instant case, indication of the victim’s non-prosecution of punishment

(c) Subparagraph 6 of Article 327 of the Criminal Procedure Act: Dismissal of prosecution;