The prosecutor's appeal is dismissed.

1. The provisions of the Act on the Guarantee of Workers’ Retirement Benefits concerning the duty to pay and calculation method of retirement allowances based on the summary of the grounds for appeal are mandatory. Thus, it is null and void where the Defendant paid different methods of calculating retirement allowances at will

Therefore, the judgment of the court below which acquitted the defendant on the intention of the employee E with respect to the unpaid retirement allowance, is erroneous in the misunderstanding of facts or by misapprehending of legal principles.

2. Determination

A. Regarding the facts charged, the lower court: (a) divided into 1.3 won and 2.3 won according to seasons; (b) 2.3 won and 1.3 won and 2.3 won and 2.3 won and 4.3 won and 2.3 won and 2.3 won and 1.3 won and 2.4 won and 2.3 won and 2.3 won and 4.6 won and 2.6 won and 2.8 won and 1.6 won and 205 won and 3.6 won and 4.6 won and 2.7 won and 2.6 won and 205 won and 3.6 won and 1.6 won and 2.6 won and 205 won and 3.6 won and 205 won and 3.6 won and 205 won and 19.7 won and 2.6 won and 206 won and 3.8 won and 205 won and 19.2, and salary and 25 won and 28.16.4 and won and 28.7.2.2