The Defendant in violation of the Labor Standards Act works in the above workplace from April 1, 2009 to July 31, 2012.

A retired E’s violation of each Labor Standards Act, including the total of KRW 45,00,00 in May 201 through July 2012, 45,00,000, as well as KRW 2,6,11, is revoked on the date of the 4th and 7th public trial. As described in Nos. 1, 3 through 5, 7 through 10, 12 through 16, the total of KRW 44,832,705 of the wages of the retired worker was not paid within 14 days from the date of the retirement without any agreement on the extension of the due date between the parties.

B. Defendant violating the Guarantee of Workers' Retirement Benefits Act is working in the above workplace.

It is found that the retirement allowance of the above E was not paid KRW 10,002,740 as well as the retirement allowance of the above E was in violation of the Act on the Guarantee of Workers' Retirement Benefits as stated in Nos. 2, 2, 6, and 10 of the List of Crimes

As set forth in Nos. 1, 3 through 5, 7 through 9, 11 through 15, the retirement allowance of 12 retired workers was not paid in total within 189,572,738, without any agreement between the parties on the extension of the due date for payment.

2. The assertion and judgment

A. The Defendant alleged from December 201, the Defendant did not have the position of the representative director of D Co., Ltd. (hereinafter “instant company”) and did not have the position of employer. As such, the Defendant did not have the responsibility to pay wages, etc. to the instant workers.

B. In determining whether a person is an employer who bears the obligation to pay wages and retirement allowances for a certain employee under the Labor Standards Act, regardless of the form of a contract or the content of the relevant laws and regulations (see, e.g., Supreme Court Decision 2007Da7973, Oct. 23, 2008), the Defendant is obliged to do so.