The defendant shall be innocent.

1. The summary of the facts charged is the representative director of E in the second floor of the Gangnam-gu Seoul Metropolitan Building, who employs 45 full-time workers and operates software development business.

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

The Defendant is working in the foregoing workplace from November 21, 201 to November 12, 2012.

As stated in the attached list 1,520,000 of wages of retired F, as well as wages of KRW 1,520,000, the total amount of wages for four retired workers was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

The Defendant is working in the foregoing workplace from November 1, 201 to November 12, 2012.

The retirement allowance of the retired G was not paid 14,212,130 won in total for two retired workers, including KRW 7,122,220 of retirement allowance of the retired worker, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. Determination

A. In determining whether a worker is a worker under the Labor Standards Act, whether the contract is an employment contract under the Civil Act or a contract, regardless of the form of the contract, must be determined depending on whether the worker provided labor to the employer in a subordinate relationship with the business or workplace for the purpose of wages.

In determining whether a subordinate relationship exists, the contents of duties shall be determined by an employer, subject to rules of employment, service regulations, personnel regulations, etc., and shall be subject to specific and direct command and supervision from an employer in the course of performing duties.