The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

Before determining on the grounds for appeal for ex officio determination, the court below applied Articles 109 and 36 of the Labor Standards Act to the part of the facts charged of the instant case [the amount of retirement allowance of KRW 8,941,810 per annum (the details of delayed payment) and retirement allowance of KRW 4,896,080 for KRW 3 G per annum, which is 2F, within 14 days from the date of retirement, which is the date of occurrence of the relevant cause for payment].

However, according to Articles 109 and 36 of the Labor Standards Act, not Articles 31 and 9 of the Guarantee of Workers' Retirement Benefits Act, which was enacted by Act No. 7339 on January 27, 2005 and enforced on December 1, 2005, and Article 34 of the amended Labor Standards Act as well as Article 34 of the amended Labor Standards Act, the punishment for the unpaid retirement benefits to workers after the enforcement date of the above Act shall be applied, not

(1) The court below's decision that applied the Labor Standards Act to the above facts charged is erroneous in the application of the Act, since only the name of the crime and the applicable provisions of law are different, and the facts charged per se are identical and there is no possibility of causing substantial disadvantage to the defendant's exercise of his right to defense, and therefore the court below's decision cannot be maintained

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by this court are as follows: 1.00 'the sum' and 200,740 'the sum' 1.0 'the sum' in the annexed list of crimes in the judgment of the court below.