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The defendant shall be innocent.
Reasons
1. The Defendant, as the representative of the D Company in Gyeonggi-do, is an employer who runs a recycling business using 23 full-time workers.
The Defendant did not pay KRW 10,222,840 of E retirement pay from July 28, 2006 to April 23, 2012 at the same place of business, within 14 days from the date of retirement, without agreement between the parties on the extension of the due date for payment of money and valuables.
2. Determination
A. 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 not pay such wages, etc. Therefore, it is difficult to find that the employer had an intention to commit a violation of Articles 36 and 109(1) of the Labor Standards Act. Whether there is a ground for dispute as to the existence and scope of the obligation to pay wages, etc. shall be determined in light of the reason for the employer's refusal of payment, the ground for such obligation, the organization and size of the company operated by the employer, all other matters such as the purpose of the business, and all other circumstances at the time of dispute as to the existence and scope of the obligation to pay wages, etc. Then, on the ground that the employer's civil liability for payment is recognized ex post facto
(See Supreme Court Decision 2007Do1539 Decided June 28, 2007). B.
In other words, the following circumstances acknowledged by the records of this case, the DNA company operated by the defendant is a small-scale place of business that ordinarily employs 23 workers and engages in recycling business, and the defendant consistently stated in the investigative agency and this court that he paid retirement allowances to E including monthly pay, and there are items such as “prepaid retirement allowance”, “interim retirement allowance”, and “total amount of payment of retirement allowances (including retirement allowances)” in the wages payment ledger of the DNA company operated by the defendant, including the interim amount of monthly pay.