The defendant shall be innocent.

Punishment of the crime

The defendant is a D representative in Spocheon-si C, who runs a manufacturing business with five regular workers.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by the agreement between the parties if special circumstances exist.

Nevertheless, the Defendant did not pay KRW 4,200,000, the monthly wage of KRW 1,800,000 in July 1, 2014, and the monthly wage of KRW 1,800,000 in September 8, 201 to September 10, 2014, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date of money and valuables.

2. Determination

A. In determining whether a worker is a worker under the relevant legal doctrine, regardless of whether the contract is an employment contract under the Civil Act or a contract for work, in substance, whether the contract provides work to an employer for the purpose of wage in the business or workplace. Here, whether a subordinate relationship exists shall be determined by the employer and shall be subject to rules of employment, service regulations, personnel regulations, etc., whether the contents of work are determined by the employer, and shall be subject to specific and direct direction and supervision from the employer in the course of performance of work, whether the worker is designated as working hours and place and is detained by the employer, whether the worker has a substitutive nature of work, whether the remuneration has a characteristic of work, whether the basic pay or fixed wage has a characteristic of work itself, and whether the wage has a continuous relationship with the employer and the employer.