The Defendant, while working in the said workplace from October 7, 2004 to October 30, 2015, did not pay KRW 183,215,000 for night work allowances to E retired from the said workplace from July 1, 2009 and KRW 167,340,00 for night work allowances to E retired from the said workplace from July 1, 2009 to March 16, 2015, within 14 days from each retirement date, without agreement between the parties on the extension of the payment date.

2. Determination

(a) If there is a ground for dispute over the existence of the obligation to pay wages, etc., there is reasonable ground for the employer’s failure to pay such wages, etc.;

Therefore, the employer had the intent to commit a crime of violation of Articles 109(1) and 36 of the Labor Standards Act.

It is difficult to recognize the existence and scope of the obligation to pay wages, etc., and the issue of whether there are grounds for dispute as to the existence and scope of the obligation to pay wages shall be determined in light of the circumstances at the time of dispute over the existence and scope of the obligation to pay wages, etc., the reason for refusal of payment, the grounds for such obligation, the organization and size of the company operated by the employer, the business purpose, etc., and all other matters, including other circumstances at the time of dispute over the existence and scope of the obligation to pay wages, etc. It shall not be readily concluded that the intent of violation of the above Labor Standards Act against the employer is recognized immediately on the ground that the liability to pay wages is recognized ex post (see Supreme Court Decision 2007Do1

1) D Co., Ltd (hereinafter referred to as “D”) is, in principle, that taxi drivers under its jurisdiction work 13 days a day on the 26th day of each month and 13 days a day on the 13th day of each month at night.

However, taxi drivers have a lot of piece rates (50% of the amount exceeding standard transport deposits out of the total monthly income).