The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that there was a dispute over the difference between E and the amount of unpaid wages, and thus, there was considerable reason to pay the unpaid annual leave allowance.

Therefore, the judgment of the court below that found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of facts, although the defendant cannot be found guilty.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant, as the D representative in Echeon-si C, employs 40 full-time workers and operates a manufacturing business.

From March 9, 2015 to July 8, 2015, the Defendant did not pay KRW 305,312 in total, including the annual leave allowance of 282,176 to retired workers E, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment period.

B. The lower court found the Defendant guilty of the instant facts charged based on the evidence in its judgment.

(c)

If there is a ground for dispute as to the existence and scope of the obligation to pay the wage for deliberation, there is a reasonable ground for the defendant not to pay the wage.

As such, it is difficult to recognize the intention (see, e.g., Supreme Court Decision 2005Do1089, Jun. 9, 2005). However, according to the evidence duly adopted and examined by the lower court, ① Workers E was employed at the Defendant’s workplace from March 9, 2015 to July 8, 2015, and then retired from office, and then was in charge of accounting affairs at the time.

J sent the unpaid wage content, including the annual leaves of absence, to the Kakao Stockholm message.

The J demanded the payment and received the above message from the Defendant.

(2) On September 2, 2015, E submitted a petition to the Defendant’s branch office of the Sung-nam Labor Agency of the Seongbuk-gu Seoul Special Labor Agency (including annual allowances) of the Seoul Special Metropolitan City Employment Agency on September 2, 2015, the extended working allowances and the unpaid annual leave allowances.