The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. According to the summary of the grounds for appeal, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, even though the defendant's obligation to pay retirement allowances to the instructors of this case is acknowledged.

2. Determination

A. The summary of the facts charged is that the Defendant was an employer who was engaged in the educational service business using 16 full-time workers under the trade name, which is the D Research Institute located in Nam-gu Busan Metropolitan City C.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total of KRW 1,44,609, KRW 10,581,295 of the F’s retirement pay as an English instructor from May 13, 2015 to May 31, 2016, within 14 days from the date of retirement where the cause for payment occurred, without agreement between the parties on the extension of the due date for payment.

B. The lower court determined that the Defendant, while transferring the business of the instant driving school, agreed not to pay retirement allowances to the transferee and the instructors of the said driving school on the premise that the transferee will succeed to the labor relationship between the transferee and the said driving school, and pay retirement allowances to them to the transferee, and agreed not to pay retirement allowances to the instant instructors on the premise of retirement at the time of transfer. While the instant instructors agreed to work at another driving school after retirement at the said driving school at the time of the above transfer of the said driving school, the instant instructors continued to work at the said driving school, taking into account their burden of commuting, notwithstanding the aforementioned agreement with the Defendant, notwithstanding the aforementioned agreement with the Defendant, the instant instructors continued to work at the said driving school and continued to work at the said driving school. The instant instructors