The defendant shall be innocent.

1. The summary of the facts charged in the instant case is the user who is a representative of the Seocho-gu Seoul Metropolitan Council of Residents (hereinafter referred to as the “instant apartment”) and runs the apartment management business using approximately 150 full-time workers.

(a) When a worker dies or retires, an employer who violates such obligation shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay 422,010 won, including the sum of night work allowances from May 9, 2014 to October 2014, 2014, as well as 3,24,788 won for night work allowances of 10 retired workers, as in the case of the attached Table 1 re-election, within 14 days from the date of retirement, without agreement on the extension of the payment date between the parties.

(b) Wages violating the obligation to pay wages shall be paid in full directly to workers in currency, and shall be paid at least once a month on the fixed date.

Nevertheless, the Defendant did not pay KRW 70,335 of the worker F who was in office from March 17, 2011 to May 25 of the following month, which was the date of the regular payment of wages, as well as KRW 33,085,584 of the night work allowances of 82 employees, as shown in the attached Table 2 attached hereto, on the date of the regular payment of wages.

2. Determination

A. Where there are grounds for dispute as to the existence of the obligation to pay wages, etc., there are reasonable grounds for the employer to pay wages, etc.

Therefore, the employer had the intent to commit a crime of violation of Articles 109(1) and 36 of the Labor Standards Act.

It is difficult to recognize that there are grounds for dispute over the existence and scope of the obligation to pay wages, etc., the reason for refusal of payment and the reason for the obligation to pay.