The defendant shall be innocent.

1. In the facts charged, the Defendant is the representative of D in Jung-gu, Young-gu, Gyeonggi-gu, Gyeonggi-gu, who ordinarily employs four full-time workers and operates restaurant business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 2,600,000 for paid leave allowances to E, who worked from March 2, 2016 to April 4, 2017 at the above workplace, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without an agreement between the parties on the extension of the payment deadline.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Provided, That in special circumstances, the payment deadline may be extended by mutual agreement between the parties.

Nevertheless, the petitioner did not pay KRW 188,300 of E's retirement pay from March 2, 2016 to April 4, 2017 at the same place of business within 14 days from the date of retirement, which is the cause of payment, without agreement between the parties on the extension of the payment deadline.

2. Determination

A. The Defendant and the defense counsel asserted that, at the time of employment as delivery employees, they paid benefits by determining 10,000 won including weekly leave allowances with respect to the verbal wage, including the amount of weekly leave allowances, which was based on the minimum wage, and that there was no longer the weekly leave allowances to be paid to the delivery employees of the same type of business, and that there was no further allowance.

(b) The violation of the obligation to pay wages and retirement allowances, etc. provided for in the Labor Standards Act was avoided by an employer who was unable to pay wages and retirement allowances, etc. within the payment period due to financial difficulties, etc.