The prosecution of this case is dismissed.

1. In the facts charged, the Defendant is an employer who is a person in charge of business operation who ordinarily employs six workers under the trade name, i.e., Kimhae-si B and 201 (State)C.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after 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 10,593,874 of D's retirement pay to the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the payment deadline, as the Defendant retired from the position of the production department from June 11, 2012 to February 29, 2016.

2. The determination is based on the following facts: (a) the crime falling under Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits cannot be prosecuted against the victim’s explicit intent under the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; and (b) the record reveals the fact that the victimized employee expressed his/her intent not to punish the Defendant after the institution of the instant indictment. Thus, the instant indictment is dismissed in accordance with Article 327 Subparag. 6 of the Criminal Procedure Act.