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The defendant is innocent.
Reasons
1. The Defendant is an employer who employs 18 full-time workers as the representative director of company E (hereinafter “E”) located in the Jung-gu Seoul Metropolitan Government D Building (hereinafter “E”).
The Defendant did not pay the full amount of wages to workers by failing to pay the total amount of KRW 184,137,00 (hereinafter “instant bonus”) of KRW 184,137,00,00 for the bonus of KRW 36,030,00,00 from March 17, 2008 to March 201, as shown in the attached list of crimes, as well as KRW 36,030,00,00 for the bonus of KRW 184,137,00 (hereinafter “instant bonus”) on the fifth day of the month following the relevant quarter,
2. If the amount of the judgment bonus is continuously and regularly paid and the amount of the bonus is fixed, the nature of the wage paid as remuneration for work is not fixed, or the occurrence of the cause for payment is not fixed and temporary payment is not considered as wages.
(2) According to the records of this case, the condition that "the bonus may be paid according to the company's management performance" was stipulated in the Rules of Employment after the amendment of E's Rules of Employment around May 11, 2007. A majority of the total workers around that time agreed to the above amendment (the defendant's statement on the 233th page of the evidence record appears to be a reply to whether the company's employees consented thereto after the resolution of the board of directors' reservation to pay the bonus to the company's board of directors on January 18, 2008. The instant bonus is a quarterly regular bonus. The instant regular bonus is a quarterly bonus in 2007 when the budget was formulated in advance, but the quarterly bonus was suspended from payment, based on the revised rules of employment since 2008, the regular bonus was paid in 200 million won for special bonus in 200,000 won, but it was not recognized that the regular bonus was not paid after that year 201.