The prosecution of this case is dismissed.

1. The Defendant is an employer who is a representative of the Koyang-gu, Yangyang-gu, 301, and operates a service business (hereinafter referred to as the “Seoyang-gu”) by using seven full-time workers.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

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

Nevertheless, the defendant employed from February 15, 2012 to April 7, 2016 at the above workplace and did not pay KRW 10,234,169 of retirement allowances of D, which was retired, within 14 days from the date of retirement without an agreement between the parties.

2. The facts charged in the instant case are the crimes falling under Article 44 subparagraph 1 and Article 9 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.

On December 13, 2016, after the instant prosecution was instituted, the employee D withdrawn his/her wish to punish the Defendant.

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