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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a D's manager in Nam-gu Busan Metropolitan City, who runs a transportation business with two 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 KRW 9,228,481, who worked in the said workplace from December 10, 2014 to November 13, 2017, within 14 days from the date of retirement, without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes concerning factual verification, including telephone, to E;

1. Article 44 of the Act applicable to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for elective Workers, and Selection of a fine;

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 of the Provisional Payment Order / [Defendant and defense counsel] asserts that E does not have a duty to pay retirement allowances to the defendant since it is not a worker engaged in a work upon receiving specific business instructions from the defendant, but is not a subordinate position.

The issue of whether a worker is a worker under the Labor Standards Act should be determined by considering whether the form of a contract is an employment contract or a contract for employment, and whether a worker has provided work to an employer for the purpose of wages in a subordinate relationship with the business or workplace.

Whether a dependent relationship as mentioned above exists shall be determined by an employer, subject to the rules of employment or personnel service regulations, etc., and whether an employer has considerable command and supervision in the course of performing duties, and whether an employer designates working hours and working places and is subject to detention of an employee, and a person providing labor.