The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not have an obligation to pay retirement allowances to the victim because of erroneous determination of facts or misapprehension of legal principles as to the victim at the time of the instant case.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination

A. Under Article 2 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act and Article 2(1)2 of the Labor Standards Act, the term "employer" means an employer, a person in charge of business management, or a person who acts on behalf of an employer with respect to matters relating to workers. Here, the term "person in charge of business management" refers to a person who is responsible for general business management and represents or acts on behalf of the employer with comprehensive delegation from the employer for all or part of business management (see, e.g., Supreme Court Decision 2007Do1199, Apr. 10, 2008), and a person who acts on behalf of an employer with respect to matters pertaining to "workers" refers to a person who is legally authorized and responsible from the employer to the date of determination of working conditions, such as personnel affairs, wages, welfare, and labor management, or orders or supervises the business (see, e.g., Supreme Court Decision 200Do5984, Oct. 9, 2008). 201.