The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as the representative of Ku Government-si C, is an employer who runs textile manufacturing business with six full-time workers.

Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant did not pay KRW 3,697,879 of the victim D's retirement pay from October 17, 201 to July 17, 2014 at the above workplace within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline.

2. The offense of violation of the Act on the Guarantee of Retirement Benefits of Workers as stated in the facts charged of the instant case constitutes Article 44 subparag. 1 of the Act on the Guarantee of Retirement Benefits of Workers and thus cannot be prosecuted against the victim’s explicit intent pursuant to the proviso to Article 44 of the same Act

However, according to the records of this case, it is recognized that the victim expressed his/her intention that he/she would not want punishment on December 18, 2015.

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