The prosecution of this case is dismissed.

1. In the facts charged, the Defendant is an employer as a business operator who ordinarily employs seven workers under the trade name of C Co., Ltd. in the counter B of Gyeongwon-si, Changwon-si, who is in charge of manufacturing machinery parts.

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 13,406,511 of D retirement pay within 14 days from the date of the occurrence of the cause of the payment, without any agreement between the parties on the extension of the payment deadline, as the director of the quality management division, retired from the above workplace from September 6, 2010 to July 31, 2015.

2. The facts charged in the instant case are the crimes falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers’ Retirement Benefits Act, and are not prosecuted against the intent expressed by the victim under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, it is recognized that the victim D expressed his/her intention that he/she would not want to punish the defendant on January 15, 2016. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.