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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the representative of the C cafeteria in Seongbuk-gu Seoul Special Metropolitan City, Sungnam-gu B and the first floor, who runs the Korean general restaurant by using six regular workers.
When a worker retires, the employer shall pay the retirement allowance within 14 days after the cause for such payment occurred.
Provided, That the date of payment may be extended by an agreement between the parties if special circumstances exist.
Nevertheless, the Defendant has worked as an employee from December 27, 2013 to July 24, 2018 at the above workplace.
The retirement allowance of 11,545,820 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
2. The instant case is a crime of non-compliance with the intention to prosecute the Defendant on June 13, 2019, which was after the prosecution was instituted by the victim, and thus, the instant case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.