The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative director of the Geumcheon-gu Seoul Metropolitan Government Construction Bank D, who operates wholesale and retail business with two regular workers.

When a worker retires, the employer shall pay the retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant is working from July 1, 2015 to March 31, 2018 at the same workplace.

Retirement pay of retired E 8,417,107 won and work from May 9, 2016 to March 31, 2018.

The retirement allowance of retired FF was not paid KRW 5,090,049 within 14 days from the date on which the cause for such payment occurred, without the agreement of the parties to the extension of the due date.

2. Determination:

(a) Applicable provisions of Acts: Subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) to withdraw the expression of intent that workers E or F wishes to punish the accused;

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