Of the facts charged in the instant case, the Defendant is not guilty. Of the facts charged in the instant case.

The acquittal portion

1. The summary of the facts charged is that the Defendant is an employer who runs a manufacturing business by employing 20 full-time workers under the trade name of "(J)J" from Goyang-dong, Busan-si.

The Defendant had worked from May 27, 2010 to April 30, 201 at the same place of business and did not pay the amount of KRW 5,830,00 in March 201, and the total of KRW 5,830,00 in April 201, and KRW 11,660,00 in April 201 within 14 days from the date of the occurrence of the payment, without any agreement between the parties on the extension of the due date.

2. Determination

A. The main text of Article 36 of the Labor Standards Act provides that “When a worker dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred.” The crime of violation of Articles 109(1) and 36 of the Labor Standards Act is established at the time of the lapse of 14 days from the date when the cause for payment of wages, etc. occurred due to the worker’s death or retirement.

B. According to the rules of employment of the Ministry of Health and Labor and the Court of Justice with respect to the instant case, a company may, in cases where a member himself/herself wishes to retire, have a member retire (Article 41(1)); the retirement date is the date agreed to receive or accept a written resignation in cases where a member submitted a written resignation; the date of dismissal (Article 41(3)); and the date of dismissal in cases where dismissal is decided/ notified; the facts charged are stated as follows; while G appears to have retired on April 30, 2011, the Defendant asserted that he/she retired from office on March 31, 201; however, G submitted a written resignation to the former representative on March 23, 201, and received a written resignation from the company on March 25, 201, and thereafter received a written resignation from the company; the employee did not receive a written resignation from his/her office on March 25, 201; Defendant 1 also stated in the investigation agency’s employment in the following month.