Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant is an employer who has been engaged in after-school operation business with the trade name of “E” at a place of business located in Ulsan-gu, Ulsan-gu, and has been engaged in after-school operation by using 35 regular workers.

From March 2, 2010 to February 29, 2012, the Defendant did not pay the total amount of KRW 9,247,509,00 from the date of each retirement within 14 days from the date of the relevant retirement, as well as KRW 2,295,296, to be paid to the retired workers G, as well as KRW 2,295,29,000,000,000,000 to be paid to four workers (hereinafter referred to as “detaileds of individual arrears and money,” as well as KRW 2,295,29.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H in part;

1. Statement of police statement related to G and H;

1. Each petition of I, G, H and J;

1. Written descriptions of K, L and M;

1. Written opinions and attached documents (Evidence No. 13);

1. Materials concerning training of after-school professors, 2010;

1. Details of e-mails output and reception of e-mails;

1. Application of Acts and subordinate statutes to a report on the receipt of internal investigation data and the photographs, etc. attached thereto (Evidence List Nos. 27 through 31);

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion - School teachers such as G are not workers under the Labor Standards Act.

- Even if after-school teachers such as G are workers under the Labor Standards Act, they do not constitute workers whose continuous work period is not less than one year, who are eligible for retirement allowances.

2. Determination

A. Whether a person constitutes a worker under the Labor Standards Act (1) is an employment contract.