The defendant shall be innocent.

1. The summary of the facts charged is the user who is the representative of D Co., Ltd., located in Geumcheon-gu Seoul Metropolitan Government, and runs software development and insurance business using five regular workers.

When a worker dies or retires, the employer has not paid wages, compensations, and all other money and valuables within 14 days from the date when the cause for such payment occurred, but the Defendant did not pay 500,000 won of wages for July 27, 2009 to November 25, 2011, 100,000 won of wages for August 201, 201, 150,000 won of wages for September 201, 201, 150,000 won of wages for November 1, 201, 150,000 won of wages for November 201, 201, 130,0000 won of unpaid leave allowances for annual leave in 2010, 6,589, 7304, 1375, 207, within the agreed payment date from the date when the parties concerned were agreed.

(A) A prosecutor shall apply the Labor Standards Act to all the facts charged, but the Act on the Guarantee of Workers' Retirement Benefits to the retirement allowance portion ought to apply to the Act on the Guarantee of Workers' Retirement Benefits. Since the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits do not differ from the concept of workers or the standard for determining criminal intent, the application of the relevant provisions of the Act as stated in the indictment shall be determined as is, regardless of the form of contract, whether a person is a worker subject to

On the other hand, if there is a ground for dispute as to the existence of the obligation to pay wages, etc., it shall be deemed that there is a considerable reason for the employer to pay the wages, etc., so it shall be difficult to recognize that the employer had an intention to commit a crime of violation of Articles 36 and 109(1) of the Labor Standards Act, and there is a ground for dispute as to the