Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The Defendant is a user who engages in the main water manufacturing business using ten full-time workers under the trade name of “D” in Busan Seo-gu C.

The Defendant did not pay 22,073,744 won of the retirement allowance of workers E, which he worked from October 19, 2005 to December 22, 201, within 14 days from the date on which the cause for payment occurred, without agreement on extension of the payment due date, at the same workplace around January 2012.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to copies of medical insurance certificates, copies of the notice of reporting the acquisition of insured status, copies of the national pension subscription certificate, copies of income certificate, and copies of benefit passbook (E);

1. Article 44 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion E is merely a person awarded a contract from the Defendant and cannot be deemed a worker.

2. Determination of whether a worker is a worker under the Labor Standards Act should be made in accordance with whether a contract form is an employment contract or a contract for work provided work to an employer in a subordinate relationship with an employer for the purpose of wages at a business or workplace.

Here, whether an employer is subordinate to his/her own account or not is subject to rules of employment or service regulations, and is subject to considerable direction and supervision by an employer in the course of performing his/her duties, whether an employer is designated working hours and working places and is subject to detention by an employee, whether a labor provider is capable of operating his/her business on his/her own account, such as possessing equipment, raw materials, working tools, etc. or having a third party employ and act on behalf of him/her, and risks such as creation of profits and losses by providing labor.