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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the grounds for appeal was comprehensively transferred from G Co., Ltd. (hereinafter “G”), and six members, including J, etc. (hereinafter “instant workers”) retired from I on October 23, 2015.
In addition, the instant workers cannot be seen as having been paid the unpaid wages from L, an employer, at the present time of the instant workers, as the business transferee of the I’s joint business interest. Therefore, the Defendant did not violate the Labor Standards Act.
Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles and thereby affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is that the Defendant is the representative of G in Daegu Suwon-gu, who runs a service business.
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.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay the total amount of KRW 23,354,550 for six workers within 14 days from the date of retirement on which the grounds for payment occurred, as stated in the record of arrears in the attached Table of Crimes, without any agreement between the parties on the extension of the payment deadline, as well as the total amount of KRW 23,354,550,00 for workers, who retired from the Defendant’s office from the J’s office from July 17, 2015 to October 22, 2015.
B. The lower court found the Defendant guilty of the facts charged by comprehensively taking account of the evidence in its judgment.
(c)
1) The term "transfer of business (A)" means a transfer of a personal body organization, i.e., a company organized by a certain business purpose, as a whole, of which the identity is maintained, and only part of the business is transferred.