If the defendant does not pay the above fine, 50,000 won.

The Defendant is the representative of the Gangwon-gun C Stock Company, who is engaged in the construction waste disposal business.

The Defendant, who had been employed by the said company from around September 1, 2007 and worked on May 11, 2012, did not pay the total of KRW 25,839,175, including the total of KRW 4,800,000, KRW 4,133,970, and retirement pay 16,905,205, and the total of KRW 16,905, and KRW 175, within 14 days from the date of retirement without agreement on the extension of the due date.

Summary of Evidence

1. Statement made by witnesses D in the second protocol of the trial;

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

1. Application of Acts and subordinate statutes to a retirement allowance calculation statement;

1. Relevant Article 109 (1) and the main sentence of Article 36 of the Labor Standards Act and the selection of fines concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion D did not constitute a worker as a registered director, and waived the claim for wages of KRW 4,800,000.

2. Determination

A. In determining whether D is a worker under the Labor Standards Act, regardless of whether the contract is an employment contract under the Civil Act or a contract for work, or whether it is a subordinate relationship with an employer for the purpose of wages in substance. In determining whether it is a subordinate relationship, the contents of work shall be determined by the employer and shall be subject to rules of employment, service regulations, personnel regulations, etc., which are specific and direct direction and supervision from the employer in the course of performing work, whether it is designated by the employer and place of work, whether the worker is subject to designation of the time and place of work by the employer and is detained, and whether the worker is employed by a third party to act on behalf of the employer.