The defendant shall be innocent.

1. The Defendant in the facts charged is the representative of the Songpa-gu Seoul Metropolitan Co., Ltd., who employs eight full-time workers and operates another workshop rental business, and the employer shall pay wages and all other money and valuables within 14 days after the cause for such payment occurred when the worker retires.

Nevertheless, the Defendant did not pay the total amount of overtime allowance of KRW 385,196 to the retired workers E, as shown in the calculation table of overtime hours and allowances in attached Form 3,85,196, without any agreement on the extension of the due date for payment between the parties concerned, within 14 days from the time when the cause for payment occurred.

2. In light of the following, 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., and it is difficult to acknowledge that the employer had an intent to commit a crime of violation of Articles 109(1) and 36 of the Labor Standards Act. Whether there is a ground for dispute as to the existence and scope of the obligation to pay wages, etc. should be determined in light of all the circumstances at the time of dispute over the existence and scope of the obligation to pay wages, etc., such as the employer’s reason for refusal of payment, the basis for such obligation, the organization and size of the company operated by the employer, the purpose of its business, and other matters, and the existence and scope of the obligation to pay wages, etc. must be determined after the employer’s civil liability is recognized, the determination that the employer’s intent to commit a crime of violation of Articles 109(1) and 36 of the Labor Standards Act against the employer should not be determined (see, e.g., Supreme Court Decisions 2011Do208Do425, Oct.