The defendant shall be innocent.

1. The summary of the facts charged is an employer who conducts educational service business using 16 full-time workers under the trade name of the Institute of D Study located in Nam-gu Busan Metropolitan City C.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total of KRW 1,44,609, KRW 10,581,295 of the F’s retirement pay as an English instructor from May 13, 2015 to May 31, 2016, within 14 days from the date of retirement where the cause for payment occurred, without agreement between the parties on the extension of the due date for payment.

2. Determination

A. The Defendant and his defense counsel asserted that the Defendant transferred the business of the pertinent private teaching institute as of June 1, 2016, and the E and F, who were the instructors of the said private teaching institute, continued to work even after transferring the private teaching institute. As such, the Defendant asserted that the Nonindicted Party was the transferee of the private teaching institute, and that the Defendant, who was the transferor of the private teaching institute, was not the obligor.

B. As long as the employee still has a determined labor relationship, there is no room for the employer’s obligation to pay retirement allowances, and only at the time of retirement (see Supreme Court Decision 71Da2669, Jun. 12, 1973, etc.). Moreover, transfer of business refers to a company that is organized by a certain business purpose, i.e., a company that maintains its identity and is transferred as a whole, and is able to transfer only a part of its business, and as a matter of principle, if such business is transferred, it shall be comprehensively succeeded to the company that acquires the labor relationship of the relevant employee.

On the other hand, workers continue to work before and after the transfer of business.

Even if the employee is on his own will, he is on the basis of his own will.