The prosecution of this case is dismissed.

1. The summary of the facts charged is a C representative in Gyeonggi-gun B, who employs seven full-time workers and operates a motor vehicle repair 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 according to an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant, under the above place of business, worked for the office management from August 1, 2009 to July 10, 2012, and did not pay KRW 5,007,199 of retirement pay of D's retirement pay retired on July 11, 2012 within 14 days from the date of retirement without agreement on extension of the due date between the parties concerned.

2. The above facts charged are crimes falling under Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, and cannot be prosecuted against the victim's explicit intent pursuant to the proviso to Article 44 of the same Act. According to the records, the victim can be acknowledged as having submitted to this court a written withdrawal of complaint that he/she would not want to punish the defendant on August 14, 2013, which is after the prosecution of this case. Thus, the victim's express intent constitutes a case in which the victim expressed his/her wish not to prosecute or withdraws his/her previous wish to punish a case which cannot be prosecuted against the victim's explicit intent. Thus, the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure