The defendant shall be innocent.

1. The Defendant in the facts charged in this case is the director of the C Medical Center in South-gu, South-gu, Seoul, who ordinarily employs four workers and operates a veterinary business.

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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 4,836,179 of D retirement pay, which was retired from his/her place of business from October 7, 2015 to December 6, 2016, within 14 days from the date of his/her retirement without an agreement between the parties to the extension of the payment deadline.

2. The summary of the facts charged in the instant case is that the Defendant did not pay retirement allowances within 14 days from the date of retirement on the premise that the said employee retired while serving for the pertinent employee from October 7, 2015 to December 6, 2016.

Article 9 of the Act on the Guarantee of Retirement Benefits for Workers shall be paid a retirement allowance within 14 days from the date on which the grounds for payment occur if a worker retires.

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

As the above "retirement" provides that "retirement" includes any case in which an employer ceases to exist and the relationship of employment is terminated as the employer continues to exist, such as resignation, dismissal, termination of agreement, retirement age.

According to the records, ① the instant employee was employed after entering into the first employment contract from October 7, 2015 to October 6, 2016, and was employed after entering into the second employment contract from October 7, 2016 to February 28, 2018, and submitted a written resignation as of October 6, 2016, ② the Defendant did not accept the said written resignation, ② the Defendant decided to reduce the weekly two days at the request of the instant employee, ③ the said employee was to work for the reduction of the weekly two days.