The prosecution of this case is dismissed.

The Defendant is a user who runs a construction business using two full-time workers as a representative located in North-gu B at the port of call.

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 is working for C from January 3, 2018 to July 10, 2019.

The retirement allowance of retired workers D was not paid KRW 4,798,609 within 14 days from the date of retirement without the agreement of the parties on the extension of the due date.

Judgment

The facts charged of this case are crimes falling under Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's explicit intent under the proviso to Article 44 of the same Act.

However, on May 7, 2020, after the institution of the instant prosecution, the agreement was submitted to this court that “the victim (the complainant) voluntarily agreed with the defendant and withdraw the complaint.” As such, the expression of wishing to punish the defendant was withdrawn.

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