The prosecution of this case is dismissed.

1. The Defendant, as a representative in Council-based C, is an employer who runs a service business using one full-time worker.

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 date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 4,763,501 of D retirement allowances, which was retired from the said workplace from April 21, 2014 to February 10, 2018, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

2. The facts charged in the instant case are crimes falling under Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent pursuant to the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

In such a case, since the employee expressed his wish not to punish the defendant around October 2018, which was after the institution of the instant indictment, around October 2018, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.