The prosecution of this case is dismissed.

1. The Defendant, as the representative director of C, a corporation in Sung-gu, Sung-gu, Sungnam-si, is an employer who employs 75 full-time workers and operates software manufacturing 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, after having worked for the aforementioned workplace from February 26, 2007 to March 27, 2019, did not pay KRW 40,000,000 of retirement allowances of retired workers E after having served for the period from February 7, 2011 to August 5, 2019, KRW 70,000,000 of retirement allowances of retired workers E after having served for the period from February 1, 2002 to May 20, 2019, respectively, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

2. Determination

(a) Applicable provisions of Acts: Subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

(c) Judgment dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act;