The prosecution of this case is dismissed.

1. The gist of the facts charged is that the Defendant is the C representative in the Seo-gu and the second floor in Gwangju, who ordinarily employs one worker and operates an entertainment business.

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

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from August 2, 2016 to August 19, 2019 at the above workplace.

The retirement allowance of 5,206,679 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. Determination of applicable provisions of Acts: Violation of subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act: Judgment dismissing public prosecution with the victim under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act expressed his/her intention not to have the defendant punished after instituting a public prosecution: Article 327 subparagraph 6