The defendant is innocent. The summary of this judgment shall be notified publicly.

1. In the facts charged, the Defendant is an employer who employs four full-time workers as the actual representative of the C Institute in Kimhae-si, and operates a general teaching institute business.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, from October 10, 206 to March 6, 2018, did not pay KRW 7,469,589 of the retirement allowances of D who worked as an instructor of a private teaching institute at the same workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

2. Determination

A. In a case where there is a ground for dispute over the existence of the obligation to pay wages, etc., the employer should be deemed to have a reasonable ground for failing to pay wages. Therefore, it is difficult to acknowledge that the employer had an intent to commit a crime of Article 36 or 109(1) of the Labor Standards Act. Whether there is a ground for dispute over 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 grounds for refusing payment, the grounds for the obligation to pay wages, the organization and size of the company operated by the employer, the existence and scope of the obligation to pay wages, etc., such as other matters as the purpose of the obligation to pay wages, and it should not be determined that the employer has the intention to commit a crime of Article 36 or 109(1) of the Labor Standards Act (see Supreme Court Decision 2010Do14693, Oct. 27, 2011).

Supreme Court Decision 200