The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and ① Workers F is subject to the Pension Act for Private School Teachers and Staff (hereinafter “Private School Pension Act”), so the Defendant did not have any obligation to pay retirement allowances under the Guarantee of Workers’ Retirement Benefits Act to F, ② A claim for payment of retirement allowances for the period during which F worked as a staff staff has expired by prescription. ③ As such, the Defendant had a ground for dispute as to the existence of the obligation to pay retirement allowances due to such legal problems, there was an intention to pay retirement allowances.

The lower court found the Defendant guilty of the facts charged in the instant case, in so determining, erred by misapprehending the legal doctrine.

B. The sentence sentenced by the lower court (one year of suspended sentence in four months) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The summary of the facts charged in the instant case is the president of the E University located in Busan D, who ordinarily employs 300 full-time workers and operates educational 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.

Nevertheless, the Defendant did not pay KRW 50,084,676, out of the F’s retirement allowances of employees F, who were employed in the above school from October 2, 1980 to February 29, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

B. The lower court’s judgment: (a) the F is not a clerical employee recognized by the articles of incorporation of school foundation H, and thus, with respect to retirement allowances for the period during which the F was employed as a managerial staff; (b) the F is subject to the Guarantee of Workers’ Retirement Benefits Act; and (c) the F is the starting point of the statute of limitations for the claim for retirement benefits payment for the period during which the F was employed as a staff member of the Private School Pension Service before joining the H’s office without any interruption of the labor relationship after the F’s employment relationship with the F’s employment relationship after the appointment as a department.