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The defendant shall publicly announce the purport of judgment of innocence.
Reasons
1. The Defendant, as the representative of the C Company in the Glock Zone B, is an employer who runs a manufacturing business (metallic processed products) with nine regular workers.
When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.
Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.
Nevertheless, the suspect was working in the above workplace from August 1, 2004 to May 31, 2018 and did not pay 36,231,96 won of retirement allowances of retired workers D within 14 days from the date of retirement without agreement between the parties to the extension of the due date.
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 exists a reasonable ground that the employer has not paid such wages, etc. Therefore, it is difficult to find that the employer had an intention to commit a violation of Articles 109(1) and 36 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 grounds for refusal of payment, the grounds 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, the determination of whether there is an intention to commit a violation of Articles 109(1) and 36 of the Labor Standards Act against the employer should not be made immediately concluding that the employer has an intention to commit a violation of Article 109(1) and
According to the evidence duly adopted and investigated by this court, the fact that the defendant did not pay retirement allowances after the lapse of 14 days after his/her retirement is recognized.
(c) however, the following circumstances, known by evidence: