Defendant shall be punished by a fine of 4.5 million won.

The above fine shall not be paid by the defendant.

A. F is the Director of the P Human Resources Office (hereinafter “P Human Resources”), a human resources company, and refers to the “Seoul Yongsan-gu Construction Site for Building and Construction of Commercial Housing in Yongsan-gu, Seoul.”

Since there was no day in the facts charged, the wages to F out of the facts charged in the instant case did not accrue.

(b) 8 other workers than F, with the exception of F, among 9 attached hereto.

(hereinafter referred to as “instant workers”) are all dispatched from P personnel, and there is no direct labor relationship between the Defendant and the Defendant.

In light of the fact that: (a) the number of workers employed at the site and the fact of work assigned to a human resources company are confirmed at the construction site; and (b) the workers are paid wages to the human resources company in the form of receiving the remainder of money other than the fees of the human resources company with the said written confirmation; and (c) the actualF paid wages to the said workers, the F is an employer for the said workers; and (d) the Defendant is an employer who is obligated to pay wages to the said workers.

2. Determination

A. F is admissible as evidence that corresponds to the facts charged that F performed the work at the instant site, there is evidence that the F and H respective legal statements, F’s police statements, and a witness statement prepared by G (Article 29-34 of the Investigation Records).

However, G, upon entering the instant construction site, stated that “F among the instant workers, did not work at the instant construction site as a P Manpower Director, and only was in charge of the dispatch of human resources. F did not actually work but could have entered the name in the company name of employees in arrears,” and that “F entered the bank account in the R’s name as a bankruptcy situation, as it is impossible to use the bank account.”