The defendant shall be innocent.

1. The Defendant, as the representative of Seocho-gu Seoul Metropolitan Government D Co., Ltd. (hereinafter “D”), is an employer who runs the mid-term rental business, etc. using four 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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from January 1, 1999 to May 31, 2018 at the above workplace.

Retirement allowance of retired E 23,978,558 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. If there is a ground for dispute over the existence and scope of the obligation to pay retirement allowances, it shall be deemed that there exists a reasonable ground for the employer to refuse to pay the relevant retirement allowances. Thus, it shall be difficult to find that the employer had an intent to commit a crime under Articles 44 and 9 of the Guarantee of Workers' Retirement Benefits Act. Whether there is a ground for dispute over the existence and scope of the obligation to pay retirement allowances should be determined in light of various circumstances at the time of dispute over the existence and scope of the obligation to pay retirement allowances, such as the reason for refusal of payment, the ground for the obligation to pay

(see, e.g., Supreme Court Decisions 2007Do1539, Jun. 28, 2007; 2009Do8248, Oct. 13, 201). 3. In light of the evidence duly adopted and examined by this court, the following facts are acknowledged.

A. E entered the F Co., Ltd. (hereinafter “F”) on January 1, 199 and was engaged in the business of repairing and maintaining other workshops, and was registered as an auditor on the register from June 1, 1999 to March 201.

(b) E is a small president of F around 2000.