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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As the Defendant (misunderstanding of facts, misunderstanding of legal principles, and guilty part) failed to cooperate in the procedure of transfer, such as the change of the representative meeting of occupants, the Defendant was unable to exercise his/her authority, the Defendant did not have the intention to default the payment of wages.
B. Prosecutor 1) In other words, the Defendant had already been in the position of employer against E and two persons on October 5, 2016, and had terminated labor relations according to one’s unilateral intent, but the lower court erred by narrowly interpreting the legal doctrine of dismissal and by misunderstanding facts, thereby adversely affecting the conclusion of the judgment.
2) The sentence sentenced by the lower court to the Defendant (a sum of KRW 300,000) is too uneased and unfair.
2. Determination
A. If there is a ground for dispute as to the existence of the obligation to pay wages, such as wage determined by mistake of facts or misapprehension of legal principles, there is considerable reason for the employer to have not paid such wages.
Therefore, it should be viewed that there was an intentional act of arrears such as wages.
It is difficult to view it.
The issue of whether there is any ground for dispute as to the existence and scope of the obligation to pay wages shall be determined in light of the grounds for refusal of payment by the employer, the grounds for such obligation, the organization and size of the company operated by the employer, the purpose of its business, and all other circumstances at the time of dispute over the existence and scope of the obligation to pay wages (see, e.g., Supreme Court Decision 2010Do14693, Oct. 27, 2011). The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the Defendant was elected as the president of the new tenant representative meeting, E C was suspended on October 6, 2016, and E was recommended to leave his/her job for one-month grace period, and ② G was recommended to leave his/her office on November 5, 2016.