On May 9, 2014, the Defendant and E conspiredd not to pay wages, retirement allowances, and pre-determination allowances for dismissal without dismissal to the victim F who worked as the managing director at the above merchant's association.

From December 9, 2010 to May 10, 2014, the Defendant and E did not pay the total amount of KRW 38,202,341 of the above FF’s wages from February 9, 2012 to May 2014, within 14 days from the date of retirement without agreement between the parties. ② In dismissing F on or around May 9, 2014, the Defendant and E did not pay KRW 2,300,000 in advance of dismissal allowances, and ③ did not pay KRW 6,864,874 of the FF’s retirement allowances within 14 days from the date of retirement without agreement between the parties.

Judgment

The subject of the violation of each of the Labor Standards Act and the violation of the Act on the Guarantee of Workers' Retirement Benefits is an employer, and the Labor Standards Act provides that the term "employer" means a business owner, a person in charge of business management, or any other person who acts on behalf of a business owner with respect to matters concerning workers.

The term "person in charge of business management" refers to a person in charge of business management who represents or acts as an agent for an external business with a comprehensive delegation from an employer to the whole or a part of business management, and the term "person who acts as an agent for an employer with respect to other matters relating to a worker" refers to a person who has certain authority and responsibility from an employer with respect to the determination of labor conditions, such as workers' personnel, wages, welfare, and labor management, or orders or directions for business (see, e.g., Supreme Court Decision 2005Do8364, May 11, 2006). The record reveals as follows.