beta
Text
The defendant shall be innocent.
Reasons
Punishment of the crime
The defendant is a user who conducts service business (repair of electronic equipment) by using 76 full-time workers as the representative of the Gu building B or D (main owner) during Ansan-si.
Wages shall be paid in full to workers in currency at least once a month on a fixed date.
Nevertheless, the Defendant did not pay the total of KRW 1,373,255 of E’s wages on the 10th of each month, which is the date of regular payment, as shown in the attached Table of Crimes, as well as KRW 302,727 of E’s wages in December 1, 2017, which had been employed on February 1, 200 at the above workplace and has been employed until now.
2. Determination
A. If there is a ground for dispute as to the existence of the obligation to pay wages, etc., the employer should be deemed to have a reasonable ground for failing to pay the wages, etc. so it is difficult to recognize that the employer had the intent to commit a crime of violation of Articles 109(1) and 43(2) of the Labor
Whether there is any ground for dispute over the existence and scope of the obligation to pay wages, etc. shall be determined in light of the circumstances at the time of dispute over the grounds for refusing the employer’s payment, the grounds for such obligation, the organization and size of the company operated by the employer, the purpose of its business, and the existence and scope of the obligation to pay wages, etc. Furthermore, it shall not be readily concluded that the intent of violation of Articles 109(1) and 43(2) of the same Act against the employer is recognized on the ground that the employer is liable for civil payment ex post facto (see, e.g., Supreme Court Decision 2015Do1681, Jan. 25, 2018)
According to each evidence duly adopted and investigated by this Court, the following facts can be acknowledged.
(1) The defendant is the representative of the DBA and was an internal director who is the representative of the DBA and was an employer who uses 76 full-time workers and conducts repair business of the DBA, and the DBA belongs to the FCo.
The collective agreement on August 25, 2015.