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The defendant is innocent.
Reasons
1. In the facts charged, the Defendant is an operator of “(D)D” on the fiveth floor of Suwon-gu, Suwon-si, who is an employer who engages in a manufacturing business by employing two regular workers.
The Defendant, at the foregoing workplace, worked from October 25, 201 to April 30, 2015, did not pay the total of 16,735,525 won of wages of retired workers E and retirement allowance of 12,88,582 won within 14 days from the date of retirement, without any agreement between the parties on extension of the due date.
2. The key issue of the instant case is whether E is an employee under the Labor Standards Act.
Whether a worker is a worker under the Labor Standards Act should be determined in substance in accordance with whether the worker provided work to the employer in a subordinate relationship with the employer for the purpose of wages in the business or workplace.
According to the records of this case, the annual salary contract is prepared between the defendant and E, and there is part of the elements that can affirm the nature of workers, such as the defendant being paid a certain amount every month from the defendant while working in the position of the development team leader of TFT in the company operated by the defendant, and the four insurance are subscribed to.
However, as shown in the records and arguments of this case, on October 25, 201, the date on which the above employment contract was made, a joint project agreement was concluded between D Co., Ltd. (hereinafter “D”) and E’s F, a company run by the Defendant on October 25, 201. The contents of D are financial investors, and D provides all funds related to the development of the heat system, and F, a company that conducts the production and development of the heat system operated by E, performs overall tasks such as the development, production, management, and operation of the heat system. In addition, according to the above joint project agreement, E has independent personnel rights and budget rights in performing duties related to the heat system, as well as management and supervision rights of the team.