The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, since it cannot be deemed that there are reasonable grounds for dispute as to whether the Defendant constitutes an employee of the instant part-time lecturer or whether to pay retirement allowances to them, the Defendant is fully aware of the Defendant’s obligation to pay retirement allowances to the part-time instructors of this case, and it can be acknowledged that the Defendant did not pay retirement allowances as stated in each of the facts charged

However, since it is difficult to conclude that the defendant had intention to commit a violation of the Guarantee of Workers' Retirement Benefits Act, and there is no other evidence to acknowledge it, the court below found the defendant not guilty of each of the facts charged in this case.

2. The summary of each of the facts charged in the instant case is the chief director of the school juristic person C located in Goyang-gu, Manyang-si, who ordinarily employs more than 440 workers and operates an educational business.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

[2018 High School 121] The Defendant did not pay KRW 9,982,297 of E’s retirement pay, KRW 30,942,903 of F’s retirement pay, from September 19, 2008 to February 29, 2016, of KRW 30,942,903 of G’s retirement pay, from March 1, 2007 to October 14, 2014, including three employees including KRW 50,275,650, total amount of KRW 50,650, working at D High School operated by the said corporation, within 14 days from the date of retirement without any agreement between the parties to the extension of the due date.

[2018 High School 290] The Defendant’s retirement allowance of H 19,449,016 working at D High School operated by the said Corporation from March 1, 2012 to February 28, 2015 without agreement between the parties on the extension of the due date, within 14 days from the date of retirement.