The defendant shall be innocent.

1. The Defendant is an employer who was in office as the president of the Korean University of Gangnam-gu Seoul National University, Seoul, from July 1, 2007 to June 30, 201.

Where an employee retires, the employer shall pay the retirement allowance within 14 days from the time when the ground for such payment occurred, but the Defendant, at the same time as the above University, worked for the employees E from September 1, 1994 to January 31, 201, and worked for the period from January 31, 201 and for the period from December 1, 1995 to March 31, 201, did not pay 86,767,530 won, including the retirement allowance of the employee F, as well as 43,527,390 won, within 14 days from the date of retirement without any agreement on the extension of the payment period between the respective parties.

2. Determination

A. In filing the instant public prosecution against the Defendant, the prosecutor stated the name of the crime in the indictment as “violation of the Labor Standards Act”, and stated the applicable provisions of law as “Article 109(1) and Article 36 of the Labor Standards Act”, and stated the applicable provisions of law as “violation of the Guarantee of Workers’ Retirement Benefits Act”, and applied for permission to change the applicable provisions to “Article 31 and Article 9 of the former Guarantee of Workers’ Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 2011)” to “Article 31 and Article 9 of the former Guarantee of Workers’ Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 26, 2012). The prosecutor first applied for permission to change the indictment to “the Act prior to the enforcement

B. First, with respect to the provisions of the Guarantee of Workers' Retirement Benefits Act, Article 1 of the Addenda to the Guarantee of Workers' Retirement Benefits Act (amended by January 27, 2005) provides that "this Act shall enter into force on December 1, 2005: Provided, That this Act shall enter into force on the date prescribed by Presidential Decree within the period of not exceeding 2010 years since 2008, while Article 3 of the Addenda to the same Act provides that "4 regular employees shall enter into force on the date prescribed by Presidential Decree."