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

The defendant is a person who employs four full-time workers in Dongdaemun-gu Seoul Metropolitan Government D and operates the E Institute.

From February 4, 2013 to August 14, 2014, the Defendant failed to pay wages of KRW 18,114,160 and retirement allowances of KRW 3,278,379, total sum of KRW 21,392,539 from February 4, 2013 to October 2013, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Statement made by the prosecution against the F;

1. A written confirmation of each fact of G and H;

1. Application of Acts and subordinate statutes on source collection receipts and financial transaction outputs;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination of whether a person constitutes a worker under the Act on the Standards for Labor under the Grounds for Labor under the Civil Act, Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be based on whether the form of the contract is an employment contract under the Civil Act or a contract for work, and, in substance, whether a person has a subordinate relationship with the employer for the purpose of wages at a business or a workplace. Determination of whether a person has a subordinate relationship with the contents of the work is determined by the employer, subject to rules of employment or service (personnel) regulations, and is subject to specific directions and supervision from the employer in the course of performing the work, whether the employer is designated as working hours and place and is detained by the employer, whether the worker is subject to replacement of the work, whether the worker has a substitute for the work, whether the worker has a duty by employing a third party and vicariously performs the work, the ownership of equipment, raw materials and tools, and the nature of remuneration itself