The defendant shall be innocent.

1. The Defendant is an employer who is a representative of D Co., Ltd. (hereinafter “C”) located inHanam-si from July 26, 2012 to March 31, 2013 and has run wholesale and retail business using three full-time workers.

When an employee retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless there exists an agreement between the parties on the extension of the payment date.

Nevertheless, the Defendant did not pay the total of KRW 1,50,000,000,000 to workers E who worked from July 26, 2012 to June 26, 2013 at the same place of business within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date between the parties.

2. Article 36 of the Labor Standards Act provides that an employer shall pay wages, compensations, and other money or valuables within 14 days from the time when the cause for such payment occurred if a worker dies or retires, thereby compelling the employer to liquidate legal relations early in order to ensure the stability of the livelihood of retired workers, etc., while delaying the period required for such liquidation. Thus, a violation of Article 109 of the Labor Standards Act due to delayed payment of wages, etc. is established at the expiration of 14 days from the date when the cause for such payment occurred. Thus, if a business owner is a corporation, the representative with the authority to pay wages, etc. after the expiration of 14 days is in principle responsible for the crime due to the delayed payment of wages, etc., and the representative who loses his/her authority to pay wages, etc. before the expiration of 14 days is not liable for such crime unless there are special circumstances (see Supreme Court Decision 2002Do5044, Nov. 26, 2002, etc.).