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The defendant shall be innocent.
Reasons
1. In the facts charged, the Defendant is an employer who is a person in charge of business management who runs urban bus transportation business with the trade name of E (ju) and F (ju) business offices in Tong-young-si and employs 70 full-time workers and 100 full-time workers.
An employer shall, in addition to ordinary wages, pay 50/100 or more of extended labor (work during the hours as extended pursuant to Articles 53, 59, and the proviso to Article 69), night work (work between 10 p.m. and 6 a.m.) or holiday work.
The Defendant, who was employed in F on April 13, 2010 and worked as a driver on April 24, 2008, and 21 persons, including H, who were employed in E on April 24, 2008 as a driver, did not pay KRW 20,781,310,00 on the 15th day of each month, a regular wage payment day, even though he worked on paid holidays (which exceed 15,00 days per New Year’s Day, Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Day.
2. Determination
(a) If there is a ground for dispute over the existence of the obligation to pay wages, etc., there is reasonable ground for the employer’s failure to pay such wages, etc.;
Therefore, the employer had the intent to commit a crime of violation of Articles 109(1) and 36 of the Labor Standards Act.
It is difficult to recognize that there are grounds for dispute over the existence and scope of the obligation to pay wages, etc., shall be determined in light of the reason for refusal of payment by the employer, the grounds for such obligation, the organization and size of the company operated by the employer, the purpose of the business, and the circumstances at the time of dispute over the existence and scope of the obligation to pay wages, etc. Then, it shall be determined in light of the circumstances at the time of dispute over the existence and scope of the obligation to pay wages.