The defendant shall be innocent.

1. The Defendant, as the representative director of C Co., Ltd. in Gangnam-gu Seoul Metropolitan Government (hereinafter “C”), is an employer who employs 400 full-time workers and operates human resources suppliers.

When a worker retires or dies, an employer who has paid wages in arrear for a retired worker shall pay wages, compensations, and all other money and valuables within 14 days after the cause thereof occurred.

The Defendant worked in the foregoing company from March 1, 2013 to February 28, 2015, and did not pay the total of KRW 452,680,00,000 for retired workers D, within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned, and did not pay the total of KRW 130,952,608,00 in total, including the total of KRW 126,28,84, and holiday work allowances, total of KRW 4,63,764, as shown in the attached crime List (1) as stated above, within 14 days from the date of retirement without any agreement on extension of the due date.

(b) An employer who has paid money or valuables to his/her employed workers in arrear shall pay the wages on a fixed date at least once a month;

The Defendant, from March 1, 2013 to March 1, 2013, did not pay KRW 128,396,974 in total, including KRW 1,774,30, and KRW 126,176,134, and KRW 2,220,840, as stated in the attached Table of Crimes (2), for 65 workers’ overtime allowances, as well as KRW 126,176,134, and holiday work allowances, on the 10th day of each month.

2. Legal doctrine

A. In order for the above facts charged to fall under Articles 109(1) and 43 of the Labor Standards Act, the employer had the intent not to pay wages (in this case, the unpaid overtime and holiday work allowances) on a fixed date at least once a month, regardless of the awareness of the existence thereof and the awareness thereof, and such intent must exist at the time of the act.