The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The gist of the facts charged is that the Defendant is the representative of the D Center with C Sang-si, Mapo-si, who runs nursing service business using two regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant worked from October 11, 201 to November 26, 201 of the same year at the above workplace, and did not pay 1,260,000 won of the retired E's wages on November 1, 2011 to 14 days after the date of retirement without any agreement on the extension of the payment due date.

2. Judgment on the issue

A. We examine the facts charged against the Defendant on the premise that the Defendant constitutes a “worker” under the Labor Standards Act employed by the D Center operated by the Defendant.

B. In determining whether a contract constitutes a worker under the Labor Standards Act, regardless of whether the contract is an employment contract under the Civil Act or a contract for work, in substance, whether it provides an employee with labor in a subordinate relationship with an employer for the purpose of wages in the business or workplace. In determining whether a subordinate relationship exists, the contents of work are determined by the employer, the employment rules, service regulations, personnel regulations, etc., whether the employer is subject to specific and direct direction and supervision from the employer in the course of performing work, whether the worker is designated as working hours and place by the employer, whether the worker is subject to restraint, whether the worker has a replacement of work, whether the worker is carrying out by proxy the work by employing a third party, and whether the remuneration is the object of work itself.