The prosecution of this case is dismissed.

1. The Defendant, as the representative in Seocho-gu Seoul Metropolitan Government, was engaged in construction business with five full-time workers.

The defendant was working in the above workplace from November 1, 2012 to May 16, 2015 and did not pay KRW 9,044,267 of retirement allowances of retired workers D within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. The above facts charged are the crimes falling under Article 44 subparagraph 1 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s express intent under the proviso to the same Article.

According to the records, on March 22, 2016, which was after the public prosecution of this case was instituted by the victimized person D, the fact that he expressed his wish not to punish the Defendant is recognized. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.