The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The Defendant, as the representative of the Dental Institute located in Gangdong-gu Seoul Metropolitan Government, is an employer who engages in educational services while ordinarily employs 20 workers.

The Defendant did not pay KRW 37,753,280 of E’s retirement allowance and annual allowances of KRW 1,684,090, and F’s retirement allowance of KRW 14,122,364 and annual annual allowances of KRW 1,193,182,70,197 and annual allowances of KRW 1,765,90 from April 7, 2002 to October 10, 201 at the same place of business without agreement between the parties on the extension of the payment period from the date of retirement to December 10, 2011.

2. Determination

A. According to the evidence submitted by the prosecutor’s office, H Co., Ltd. (hereinafter “H”) entered into a contract with I and J to take over the pertinent private teaching institute (hereinafter “the foregoing private teaching institute”) on July 1, 2010, and thereafter, H had operated the said private teaching institute since around that time, and the hostile management continued after the transfer of the said private teaching institute. On September 30, 201, the Defendant entered into a contract for taking over the pertinent private teaching institute facilities and rights (hereinafter “the instant contract for taking over the private teaching institute”) with the Defendant on October 11, 2011, and accordingly, the Defendant is recognized as having been working as an instructor from before the transfer of the said private teaching institute from E, F, and G to the private teaching institute, and E is recognized as having retired from the private teaching institute as October 1, 201, respectively.

B. The prosecutor brought a public prosecution in this case under the premise that the defendant is obligated to pay retirement allowances, etc. corresponding to the period of service before the above driving school transfer by succeeding to the existing employment relationship, such as the instructor of the above driving school, and the defendant merely acquired the facilities of the above driving school from H, but did not succeed to the employment relationship of the instructor, and therefore, he/she does not succeed to the employment relationship