The prosecution of this case is dismissed.

1. The Defendant is a representative of C located in Chungcheong City B.

Where an employee retires, the employer shall pay the retirement allowance within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the due date for payment.

Nevertheless, the Defendant served in the said workplace from May 23, 2012 to February 28, 2017 and served as retirement allowances of KRW 13,370,958 and until December 23, 2015 from March 2, 2015 to December 23, 2016, and did not pay KRW 17,458,942, including the retirement allowances of retired workers E, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

2. The facts charged in the instant case are criminal cases falling under Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits. The crime of violating the Act on the Guarantee of Workers’ Retirement Benefits is the crime of non-prosecution which cannot be prosecuted against the victim’s explicit intent under the proviso of Article 44 of the same Act.

According to the records, it is recognized that the victim D and E submitted a written agreement to the effect that they are not subject to criminal punishment against the defendant on May 29, 2017 after the prosecution of this case.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.