The defendant shall be innocent.

1. The Defendant is an employer who employs 65 full-time workers as the head of the E Hospital located in the Jeonju-gun, Jeonju-gun, and operates the hospital.

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

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

Nevertheless, the Defendant did not pay F’s retirement allowance of KRW 26,487,010 and annual leave allowance of KRW 6,889,950 from March 1, 2010 to August 25, 201, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. Determination

A. If there is a ground for dispute over the existence of the obligation to pay wages, etc., the employer shall be deemed to have a reasonable ground for not paying the wages, etc. so it is difficult to recognize that the employer had the intent to commit the crime of violation of the Labor Standards Act. Whether there is a ground for dispute over the existence and scope of the obligation to pay wages, etc. shall be determined in light of the reason and grounds for refusal of payment, the reason for such obligation, the organization and size of the company operated by the employer, the business purpose, and all other circumstances at the time of dispute over the existence and scope of the obligation to pay wages, etc. Then, it shall not be concluded that the employer has the intent to commit the crime of Article 36 and Article 109(1) of the Labor Standards

(Supreme Court Decision 2007Do1539 Decided June 28, 2007). In addition, when an employer concludes a labor contract, he/she shall be a worker.