The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged is that the Defendant, as the representative director B of a stock company, runs a construction business using 15 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

From March 1, 2017 to April 19, 2017, the Defendant failed to pay KRW 9,00,000 to workers D’s wages, KRW 6,030,000 for workers E’ wages, KRW 6,030,00 for workers’ wages, KRW 6,030,000 for workers’ wages, and KRW 6,570,000 for workers’ wages, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties concerned.

2. Determination

A. Whether a worker is a worker under the Labor Standards Act shall be determined by whether the form of a contract is an employment contract or a contract for work, and in substance, whether a worker has a subordinate relationship with an employer for the purpose of wages at a business or a workplace. Whether an employer has a considerable command and supervision in the process of performing duties, such as determining the working hours and working places, applying the rules of employment or the rules of service (personnel), whether an employer is designated as working hours and working places, and whether the employer is bound by the employer, whether the employer is capable of carrying on his/her business on his/her own account, such as having the employer own equipment, raw materials, working tools, etc., or having a third party employ and act on behalf of the employer, and whether the employer has a risk such as the creation of profit and loss by providing labor, whether the nature of remuneration is the subject of his/her own work, whether the basic wage or fixed wage has been determined, and whether the income tax is collected as the source of the income tax.