The prosecution of this case is dismissed.

1. The gist of the facts charged is that the Defendant is the representative of Seodaemun-gu Seoul Metropolitan Government C, who ordinarily employs one worker and operates a private teaching institute business.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which 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 had worked from May 24, 2012 to July 7, 2016 at the same place of business and had not paid KRW 3,770,431 of D retirement pay within 14 days from the date of his retirement, which is the date of the occurrence of the cause of the payment, without any agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;

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

(c) Judgment dismissing a public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (Article 327 subparagraph 6, May 24, 2017, which was after the institution of the instant public prosecution, indicates the intention not to punish a victim by submitting a written withdrawal of a complaint);