The defendant shall be innocent.

1. The Defendant is an employer who operates a building design and urban design service business with 18 full-time workers as the representative director of the Seoul Gangnam-gu Seoul Metropolitan Government D in charge.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, who was employed by the said workplace from July 1, 2016 to September 10, 2016, did not pay the total of KRW 4,416,670 in July 2016, and the wage of KRW 4,416,670 in August 2016, and the wage of KRW 1,472,220 in September 2016, and KRW 10,305,560 in total, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

2. Article 36 of the Labor Standards Act provides that, where a worker dies or retires, the employer shall pay wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, compelling the employer to liquidate the legal relations early in order to promote the stability of the livelihood of retired workers, while suspending the period required for such liquidation. Thus, a violation of Article 109(1) of the Labor Standards Act due to delayed payment of retirement allowances is established at the expiration of 14 days from the date of the cause for payment. Therefore, in cases where the employer is a juristic person, the representative with the authority to pay retirement allowances, etc. at the expiration of 14 days is liable for the crime due to the delayed payment, and the representative who loses the said authority before the expiration of 14 days shall not be liable for the crime (see Supreme Court Decisions 94Do1477, Nov. 10, 195; 200Do5477, Nov. 26, 2002; 204).

The debtor is declared bankrupt.