The defendant shall be innocent.

1. The Defendant is an employer, who is the DNA representative director Co., Ltd., Ltd., located in Nam-gu Busan Metropolitan City, engaging in oil sales business with one full-time employee.

From May 1, 2004 to August 11, 2016, the Defendant did not pay KRW 2.2 million each month of wages from October 2015 to July 2016, 2016, wages of KRW 780,640, bonuses of KRW 4,750,00, retirement pay of KRW 33,113,960, total amount of KRW 60,64,60, and total of KRW 60,60,00 within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

2. Determination

A. Article 36 of the Labor Standards Act provides that when a worker dies or retires, the employer shall pay wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, thereby compelling the employer to liquidate the legal relations early in order to promote the stability of the livelihood of retired workers, while delaying the period required for such liquidation. Thus, a violation of Article 109(1) of the Labor Standards Act due to delayed payment of retirement allowances is established at the expiration of 14 days from the date of the cause for payment. Therefore, if the employer is a juristic person, the representative who has the authority to pay retirement allowances, etc. at the expiration of 14 days is liable for the crime due to the delayed payment, and the representative who loses the said authority before the expiration of 14 days shall not be liable for the crime (see Supreme Court Decisions 94Do1477, Nov. 10, 195; 200Do5477, Nov. 26, 2002; 204).

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.