The defendant shall be innocent.

1. The Defendant, as a representative of the Seoul Dongdaemun-gu Seoul Metropolitan Government Ccafeteria, is an employer who runs food business using eight regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total amount of KRW 821,100, annual allowances, 1,190,480 within 14 days from the date of retirement to D who had worked in the said workplace from August 10, 2015 to December 31, 2017.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant did not pay retirement allowances of KRW 326,102 to the above D within 14 days without agreement on extension of the due date between the parties.

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 reasonable ground that the employer has not paid such wages, etc. so it is difficult to recognize that the employer had an intention to commit the crime of violation 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 refusal of payment by the employer, the ground for such obligation, the organization and size of the company operated by the employer, all the 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,

(see, e.g., Supreme Court Decisions 2005Do1089, Jun. 9, 2005; 2010Do14693, Oct. 27, 2011). Meanwhile, the burden of proving the facts charged in a criminal trial lies on the prosecutor.