A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

The Defendant is an employer who operates an incorporated association E using more than 50 full-time workers in Bupyeong-si, Seoul Special Metropolitan City D and 203. The Defendant did not pay KRW 4,600,000 (20,000 each month from April 1, 2012 to February 2014) in total of F’s wages from March 1, 2004 to February 28, 2014, KRW 5,397,129, and KRW 5,397,129, and KRW 6,124,402 during the annual leave from March 1, 2006 to February 28, 2014, within 14 days from the retirement date without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. Application of Acts and subordinate statutes to each investigation report (the filing of data submitted by F. Labor Workers I, the complainants, and the filing of details of non-payment of annual allowances submitted by F.I;

1. Relevant Articles 109 (1) and 36 of the Act on the Standards of Employment and Selection of Punishment, and the Selection of Imprisonment with labor for a crime;

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

1. The portion not guilty under Article 62 (1) of the Criminal Act

1. The summary of the facts charged is that the Defendant is an employer who runs an incorporated association E using more than 50 full-time workers in Bupyeong-gu, Seoul Special Metropolitan City D and 203, and the Defendant did not pay seven workers’ retirement allowances within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties, as stated in the list of crimes in the attached Form, including F's retirement allowances of 25,421,090, who worked from March 1, 2004 to February 28, 2014.

2. Determination

A. Whether after-school instructors in the instant case are workers under the Labor Standards Act should be determined depending on whether the form of a contract is an employment contract or a contract for employment, or whether a person having actual labor provided labor to an employer for the purpose of wages in a business or workplace.

Here, whether or not a subordinate relationship is determined by the employer and is subject to the rules of employment or service (personnel).