The defendant shall be innocent.

1. The accused and C of the facts charged are co-managers of E in the first floor underground of the Seocho-gu Seoul Metropolitan Government D Building, who operate the clothing sales business by employing one full-time worker.

In collusion with C, the Defendant did not pay KRW 1,500,000 as wages of March 7, 2011 to June 20, 2011 from the date when the cause for the payment occurred without agreement between the parties on the extension of the due date for payment between the parties, and KRW 5,200,00 as wages of April 201, and KRW 1,50,000 as wages of May 201, and KRW 1,50,500 as wages of June 201, and KRW 5,20,000 as wages of June 201.

2. The gist of the defendant's defense is that C receives part of the profits that C would receive from the defendant's trade relationship at the request of C, which is the defendant's partner, and only is a person involved in the same trade relationship, and is not a worker employed by the defendant.

3. Determination

A. In determining whether a contract constitutes a worker under the Labor Standards Act, regardless of whether the contract is an employment contract under the Civil Act or a contract for work, in substance, whether the contract provides an employee with work in a subordinate relationship with the employer for the purpose of wage in the business or workplace. In determining whether a subordinate relationship exists, the contents of work are determined by the employer, the employment rules, service regulations, personnel regulations, etc., whether the employer is subject to specific and direct direction and supervision from the employer in the course of performing work, whether the worker is designated as working hours and place by the employer, whether the worker is subject to restraint, whether the worker has a substitute nature of work, such as possession of equipment, raw materials, work tools, etc., and whether the remuneration has the characteristic of work itself, and the basic wage or fixed wage is determined.