The prosecution of this case is dismissed.

The Defendant in the facts charged of this case is an employer who ordinarily employs two workers as a Nowon-gu in Seoul Special Metropolitan City, a building B and a third private teaching institute in the 9th floor, and operates an educational service business (public teaching institute).

In the event that an employee retires, the employer shall pay the retirement allowance within 14 days from the date on which the ground for such payment occurred, however, the Defendant did not pay the retirement allowance of 3,928,113 won to D who was employed as an English instructor from September 17, 2009 to June 5, 2017 at the said workplace, and did not pay the retirement allowance within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period, in the absence of special circumstances.

Judgment

The facts charged in the instant case are crimes falling under Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s explicit intent pursuant to the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the victim D withdraws his/her wish to punish the Defendant around September 2017, when the instant indictment was instituted.

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