The defendant is innocent.

The summary of the facts charged is that the defendant is the representative director of C in the second floor of Gangnam-gu Seoul Metropolitan Government, who ordinarily employs 12 full-time workers and operates tin construction business. If a worker dies or retires, he/she shall pay wages, compensations, and other money and valuables within 14 days from the time when the ground for payment occurred, but he/she was working from June 1, 2017 to September 7, 2017 at the above place of business and was not paid KRW 932,080 on September 1, 2017 within 14 days from the date of his/her retirement without any agreement on the extension of the payment date between the parties.

Article 36 of the former Labor Standards Act provides that an employer shall pay wages, compensations, and other money or valuables within 14 days from the time when a cause for such payment occurred to the employee’s death or retirement, thereby compelling the employer to liquidate his legal relations early in order to secure the stability of the livelihood of the retired employee, while delaying the period required for such liquidation. Thus, a violation of Article 109(1) of the former Labor Standards Act due to delayed payment of retirement allowances is established at the expiration of 14 days from the date when a cause for such payment occurred. Thus, in cases where the employer is a juristic person, the representative with the authority to pay retirement allowances, etc. at the expiration of 14 days is in principle responsible for the crime due to delayed payment, and the representative who loses the said authority before the expiration of 14 days shall not be liable for such crime (see Supreme Court Decisions 94Do1477, Nov. 10, 195; 200Do5426, Nov. 26, 2002).

In addition, all property owned by the debtor at the time of the declaration of bankruptcy shall belong to the bankrupt estate (Article 382(1) of the Debtor Rehabilitation and Bankruptcy Act) and the declaration of bankruptcy.