The prosecution of this case is dismissed.

The Defendant, as the representative director of Eunpyeong-gu Seoul Metropolitan Government building B and D, is an employer who runs a construction business using 24 full-time workers.

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 agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 7,709,748 of E’s retirement pay from April 5, 2004 to May 15, 2018 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

Judgment

The crime of non-compliance with the intent of an employee E after the prosecution of this case under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act is brought to indicate that the employee E does not want the punishment of the defendant (written application for non-compliance with the punishment of August 19, 201): Article 327 subparagraph 6 of the Criminal Procedure Act