Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant is a user who runs a milk agency using one full-time worker as the representative of D agency in Kimhae-si, Kimhae-si.

An employer shall, where a worker retires, etc., pay him/her a retirement allowance, etc. within 14 days, except in extenuating circumstances.

Accordingly, the Defendant did not pay KRW 9,647,829 of the E retirement pay that was retired from the said agency as a general secretary from April 1, 2011 to December 31, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by a labor supervisor for defendants and E, and the statement by a labor supervisor for E;

1. Determination as to the assertion by the Defendant and his/her defense counsel regarding the labor contract and the details of commuting transactions

1. The gist of the assertion is that the Defendant operated D agency (hereinafter “instant agency”) with E and Dong businesses, and thus, the Defendant cannot be deemed as the Defendant’s employee.

2. Determination

A. According to Article 9 of the Act on the Guarantee of Retirement Benefits for Workers, an employer shall pay a retirement allowance within 14 days from the date on which the reason for payment occurred when a worker retires, and an employee referred to in this Act refers to a worker prescribed in the Labor Standards Act pursuant to Article 2 subparag. 1 of the same Act.

In that sense, whether a contract constitutes a worker under the Labor Standards Act should be determined depending on whether the form of contract is an employment contract or a contract for employment, and the substance of a labor provision relationship is whether a person who provides labor provides labor to an employer for the purpose of wages in a business or workplace.

Here, whether or not a dependent relationship is determined by the employer, and is subject to the rules of employment or service regulations, etc. of the employer in the course of performing his/her duties, whether or not the employer designates working hours and working places, and is bound by the employer.