The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the grounds for appeal is that the defendant is not an employer against the worker D, but the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding of facts and misunderstanding of legal principles.

2. The summary of the facts charged in the instant case is a person who, without being registered as a separate business operator, has been awarded a subcontract for the quantity from a limited company C located in Yong-nam Cancer B and runs a manufacturing business (ship block) by using 10 regular workers.

If a worker in arrears dies or retires, the employer in arrears shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay KRW 5,035,712, in total, KRW 1,751,52,00 from April 4, 2014 to April 25, 2017 to employees D’ on April 2016, 2016, which had been employed as an adjoining worker, within 1,642,080, annual use allowances of April 2017, and annual use allowances of KRW 1,642,080, annual use allowances of KRW 1,751,552 at the time of retirement from April 2017, within 14 days from the date of retirement without an agreement on extension of the payment date between the parties.

(b) Where a worker retires, the unpaid employer shall pay the retirement allowance within 14 days from the date when the grounds for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties if special circumstances exist.

Nevertheless, the Defendant did not pay the retirement allowances of KRW 8,675,692 from April 4, 2014 to April 25, 2017 within 14 days from the date of retirement without an agreement on extension of the payment deadline.

3. Determination

A. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the adopted evidence.

(b)review the case;