The defendant is not guilty. The defendant is not guilty. The summary of the above judgment shall be published.

The defendant in the facts charged is operating a tobacco-friendly DNA agency with five regular workers at the time of Yanananan-si.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, from September 1, 2008 to November 23, 2012, the Defendant did not pay 12,946,435 won of retirement pay to E employed workers who worked as business employees at the pertinent workplace within 14 days without any agreement on extension of the due date between the parties concerned.

Judgment

1. The gist of the defendant's assertion is that the victim E is not the employee employed by the defendant, but is a place of business with less than five regular employees, and there is no obligation to pay retirement allowances to the victim E.

2. Ex officio determination

A. In a case where there is a ground for dispute over the existence of the obligation to pay wages, etc., the employer should be deemed to have a reasonable ground for failing to pay wages, etc., and it is difficult to find that the employer had an intent to commit a crime 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. should be determined in light of all the circumstances at the time of dispute over the employer’s refusal of payment, grounds for the employer’s obligation to pay wages, the organization and size of the company operated by the employer, business purposes, and other matters, and the existence and scope of the obligation to pay wages, etc. must be determined after the employer’s civil liability is recognized, and it should not be readily concluded that the employer has the intent to commit a crime of Articles 109(1) and 36 of the Labor Standards Act (see, e.g., Supreme Court Decision 2010Do14693, Oct. 27, 2011).

B. We examine ex officio whether the defendant had intention to commit the facts charged in this case.

The body of evidence.