The prosecution of this case is dismissed.

The defendant is the representative of the KAB and the KAB located in the KAB and the second floor of the facts charged and is a user who runs a construction business using two to three full-time workers.

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, at the foregoing place of business from June 25, 2018 to November 25, 2019, worked as the head of the on-site division, and did not pay KRW 4,165,656 of the retired retirement pay within 14 days from the date of retirement without agreement on the extension of the payment date of money and valuables between the parties.

2. Determination

(a) Crimes of non-violation of will: The proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(b) The employer shall express his/her intention not to punish the worker after the institution of indictment;

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