The defendant shall be innocent.

1. The summary of the facts charged is the representative of E Co., Ltd. located in Gyeonggi-si D, who runs a manufacturing business (private products) using 30 full-time workers.

The Defendant did not pay the sum of KRW 3,430,00 from June 7, 2008 to January 31, 2013 of F working from 2010 to 2012 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date.

2. Article 109(1) and Article 36 of the Labor Standards Act provides that an employer is an employer, and Article 2(1)2 of the Labor Standards Act provides that the term "employer" refers to an employer, a person in charge of business management, or any other person who acts on behalf of an employer with respect to matters relating to workers. Here, the term "person in charge of business management" refers to a person in charge of general business management, who represents or acts on behalf of an employer with a comprehensive delegation from an employer for all or part of the business management and represents the business externally; and the term "other person who acts on behalf of an employer with respect to matters relating to workers" refers to a person who is given certain authority and responsibility from an employer with respect to the determination of working conditions, such as workers' personnel, wages, welfare, labor management, etc., or orders

(See Supreme Court Decision 2005Do8364 Decided May 11, 2006). Therefore, in order to establish a crime of violating the Labor Standards Act against the Defendant, the Defendant’s act on behalf of the business owner, a person in charge of business management, and other matters relating to workers ought to fall under any of the following subparagraphs.

In the following circumstances recognized by the record, the representative director during the period of F’s service was G other than the Defendant, during the period of F’s service, the office of the Defendant was a senior executive director, and was promoted on February 1, 2013, and was the president.