The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant, as the representative director of the company D located in Jung-gu Incheon, Jung-gu, Incheon, employs six full-time workers for the F Public Security Center E in Incheon. From May 11, 201 to May 27, 201, the Defendant did not pay 4,575,000 won in total, including the amount of KRW 1,575,000 in wages of G workers retired from office, KRW 1,425,00 in wages of H, KRW 975,00 in wages of J, KRW 30,000 in wages of J, and KRW 30,000 in wages of K, and KRW 30,000 in wages of Korea, within 14 days from the date on which the cause for the payment occurred without an agreement on the extension of the payment date between the parties.

2. Determination

A. The subject of the violation of Articles 109(1) and 36 of the Labor Standards Act is an employer. Article 2(1)2 of the same Act provides that "employer refers to an employer, a person in charge of business management, or any other person who acts on behalf of an employer with respect to matters relating to workers." Here, "person in charge of business management" refers to a person who is responsible for general business management and represents or acts on behalf of an externally under delegation by an employer for all or part of business management, and "other person who acts on behalf of an employer with respect to matters relating to workers" refers to a person who is responsible for general business management and represents or acts on behalf of an employer with a comprehensive delegation from an employer for all or part of business management.

(see Supreme Court Decision 2007Do1807, May 10, 2007). In addition, in determining who is an employer liable for wage payment for a certain employee, the determination shall be based on the actual employment relationship by comprehensively taking into account all the elements regardless of the form of a contract or the content of relevant laws and regulations (see Supreme Court Decision 2007Da7973, Oct. 23, 2008).