The defendant shall be innocent.

1. The summary of the facts charged is the representative of the Si-Gu building B and D in subparagraph 3, who works for the repair service business of electronic equipment using 70 full-time workers.

Wages in violation of the Labor Standards Act shall be paid in full to workers in currency at least once a month on a fixed date.

Nevertheless, the Defendant, who became a member of the above workplace on July 18, 201, did not pay 295,210 won in December 2017 as well as 6,037,460 won in total of wages of workers E and F on December 10, 201 as stated in the attached crime list.

B. An employer in violation of the Labor Union and Labor Relations Adjustment Act must faithfully implement the collective agreement between the parties.

According to Article 4 of the Wage Convention concluded on January 30, 2018 between the parties to labor and management, the Defendant paid 271,000 won, which is '200,000 won retroactively from fixed OT (fixed-term extension work allowances) at the time of the payment of wages in February 2018 between the parties to labor and management, but failed to pay it, thereby failing to comply with the collective agreement.

2. Determination

A. If there is a ground for dispute as to the existence of the obligation to pay wages, etc., the employer should be deemed to have a reasonable ground for failing to pay the wages, etc. so it is difficult to recognize that the employer had the intent to commit a crime of violation of Articles 109(1) and 43(2) of the Labor

Whether there is any ground for dispute over the existence and scope of the obligation to pay wages, etc. shall be determined in light of the circumstances at the time of dispute over the grounds for refusal of payment, the grounds for such obligation, the organization and size of the company operated by the employer, the purpose of the business, and other matters, such as wages, etc.