The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant is a worker with less than one year’s service period, and there is no obligation to pay retirement allowances, and the annual leave allowance should be calculated based on the service period, but the lower court found the Defendant guilty of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine.

2. Determination

A. The summary of the facts charged in the instant case is the actual management owner who ordinarily employs eight full-time workers under the trade name of D in Busan-gu, Busan-gu C, and conducts the facility and sanitary management service business.

When a worker dies or retires, an employer shall pay the wages, compensations, other money and other valuables, and retirement allowances within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant, as an employee belonging to the above workplace, worked at the F Hospital located in Busan Metropolitan City Shipping Daegu as US dollars from September 10, 2014 to February 25, 2016, was not paid KRW 5,811,526 in total in arrears with two retired workers as stated in the separate sheet of payment in arrears, as well as KRW 1,807,760 in G’s retirement pay from September 10, 2014 to February 25, 2016.

B. According to the evidence duly adopted and examined by this court, the lower court determined that the Defendant was aware of the fact that H provided substantial labor to take over the Defendant’s order on February 28, 2015, and thus, the period of service should be deemed one year. However, the Defendant’s failure to pay H retirement pay and annual leave allowance is deemed to have not received the service payment from the prime contractor. Thus, the Defendant’s maliciously delayed payment of wages, etc. to workers.