The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that from the date of this judgment.

1. Of the facts charged in the instant case, the lower court dismissed each public prosecution on the grounds that the above workers expressed their intent not to punish workers B and C and against the Act on the Guarantee of Workers' Retirement Benefits, and sentenced the Defendant guilty on the violation of the remaining Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits. Since only the Defendant appealed on the conviction portion and the dismissal of public prosecution for which the prosecutor did not appeal is finalized, the scope of the party members’ judgment is limited to the conviction portion of the lower judgment.

2. The summary of the grounds for appeal is too unreasonable that the punishment (two months of imprisonment and two years of suspended execution) imposed by the court below against the defendant is too unreasonable.

3. Ex officio determination

A. In a case where an employer fails to pay wages and retirement allowances within 14 days from the date of retirement without an agreement on extension of the payment term, prior to the determination of the grounds for appeal, the crime of violation of the Labor Standards Act on the ground of failure to pay wages under Article 36 of the Labor Standards Act and the crime of violation of the Guarantee of Workers' Retirement Benefits Act on the ground of failure to pay retirement allowances under Article 9 of the Guarantee of Workers' Retirement Benefits Act are established. However, in a case where an employer commits each of the above crimes by failing to pay both wages and retirement allowances as a single act, each of the above crimes is mutually

B. According to the evidence duly adopted and examined by the court below, it is found that the defendant, the employer, did not pay each wage and retirement allowance to the worker F within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date. Thus, the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act are separately established, but the above two crimes are mutually concurrent relations.

Nevertheless, the lower court.