Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The defendant is the actual representative of E in Gangseo-gu Seoul Metropolitan Government, who is a full-time worker and operates beauty art business using eight full-time workers.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant did not pay the F's retirement allowance of KRW 24,153,514 from May 1, 2005 to April 10, 2013 to the above workplace without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Application of each business registration certificate and statutes on service rules;

1. Article 44 of the relevant Act on criminal facts and Article 44 subparagraph 1 and Article 9 of the Guarantee of Retirement Benefits for elective Workers;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that F is not obligated to pay retirement allowances to F because it is not an individual business operator who entered into a business consignment contract with the defendant, who is not an employee under the Labor Standards Act.

2. Determination

A. Determination of whether a worker constitutes a worker under the Labor Standards Act is an employment contract or a contract for work, and whether a worker provided labor in a subordinate relationship with an employer for the purpose of wages in a business or workplace should be made depending on whether the form of a contract is an employment contract. Here, whether a subordinate relationship exists shall be determined by the employer’s contents of work and shall be subject to the rules of employment or service (personal rules) and the employer shall exercise reasonable direction and supervision in the course of performing duties