The defendant shall be innocent.

1. The Defendant is the E representative in Nam-si, Namyang-si, who is an employer who runs interior fishery with six regular workers.

The defendant is working in the above workplace, from November 29, 2007 to November 19, 2011.

A retired worker's retirement allowance of 16,746,158 won, or his/her service from September 17, 2007 to September 26, 2011.

32,366,738 won in total, including 15,620,580 won of G retirement allowances of retired workers, was not paid within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

2. Determination

A. If there is a ground for dispute as to the existence of the obligation to pay wages, etc., it shall be deemed that there is a considerable reason for the employer to not pay such wages, etc. Therefore, it is difficult to find that the employer had an intention to commit a violation of Articles 36 and 109(1) 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. shall be determined in light of the reason for the employer's refusal of payment, the ground for such obligation, the organization and size of the company operated by the employer, all other matters such as the purpose of the business, and all other circumstances at the time of dispute as to the existence and scope of the obligation to pay wages, etc. Then, on the ground that the employer's civil liability for payment is recognized ex post facto

(See Supreme Court Decision 2007Do1539 Decided June 28, 2007). B.

The following circumstances acknowledged by the records of this case, namely, E, the Defendant’s operation is a small-scale workplace with six regular employees or less, and the Defendant asserts that 10% of the annual salary amount from the time when all employees, including F and G are employed consistently in the investigation period and in this court, was paid as annual salary system including monthly installments, and the Defendant.