Workers E did not continue to work from June 26, 2012 to October 31, 2016, and repeated withdrawal and re-admission. Since the date of the last re-admission is less than one year from the date of retirement to the date of retirement, workers E does not constitute a ground for payment of retirement allowances.

The retirement allowance stated in the facts charged is calculated based on the monthly salary of 2.8 million won claimed by the defendant, and there is no ground to recognize the above salary.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged is erroneous in the misunderstanding of facts and legal principles.

2. Determination

A. Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for Workers as to whether the Defendant is an employer is an employer. Article 2 of the Labor Standards Act provides that “employer” refers to an employer, a person in charge of business management, or a person who acts on behalf of an employer with respect to matters relating to a worker.

Here, the term "business owner" refers to the subject of business management.

The following circumstances found by the evidence duly adopted and examined by the lower court and the trial court; ① the Defendant’s registration in the name of the Defendant was around December 30, 2015, and the Defendant was registered in the name of N andO before, but was recognized as the Defendant’s spouse or a de facto spouse; ② N andO were within the above tasks, and N andO were not recognized as the Defendant’s spouse or a de facto spouse; ② N andO did not constitute “private placement;” other persons than the Defendant did not directly have the position of the president; ③ the Defendant determined whether to employ employees by directly viewing the interview; ④ the Defendant was paid the Defendant’s failure to obtain the above tasks from the Defendant.