When the defendant does not pay the above fine, 100,000 won.

Attached Form

Criminal facts

same as the entry.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. The police statement concerning B;

1. A complaint, a petition, and details of monthly salary payments;

1. Application of a service contract, a statement on July 2016, a retirement allowance calculation statement, a statement on overtime work related to overtime work, and the details of benefit passbook;

1. Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, Articles 28 (1) and 6 (1) of the Minimum Wage Act, Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination on the Defendant’s assertion under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse

1. The argument B is not a business operator, who is not a worker, but divided into C(ju) operated by the Defendant and 5:5(5) the tuition fees of the members who receive one’s own and one’s own education in the basic salary of KRW 800,000,000.

2. Determination of whether a worker is a worker under the Labor Standards Act should be made in accordance with whether a contract form is an employment contract or a contract for work provided work to an employer in a subordinate relationship with an employer for the purpose of wages at a business or workplace.

In this context, whether an employer has a subordinate relationship or not, the rules of employment or the rules of service, etc., applied to the employer’s considerable direction and supervision in the course of performing duties, whether an employer designates working hours and working places and places under restraint of an employee, whether a labor provider is capable of operating his/her business on his/her own account, such as possessing equipment, raw materials, working tools, etc., or having a third party employ and act on behalf of him/her, and the risk of creating profits and incurring losses by providing labor.