beta
Text
The defendant shall be innocent.
Reasons
1. The Defendant, as the representative director of the Seongbuk-gu Seoul Metropolitan Government C Co., Ltd., is an employer who employs three full-time workers and operates construction business.
[2018 High 129] The Defendant did not pay KRW 2,250,00 as wages 2,250,000 for retired workers D from the said workplace from October 8, 2016 to November 17, 2016, wages 675,000 for November 1, 2016, and wages 675,000 for retired workers E from office from October 10, 2016 to November 3, 2016, wages 2,275,000 for retired workers from office, and 390,00,000,000 from November 8, 2016 to November 17, 2016; the Defendant did not pay KRW 161,00 for retired workers from office within 10,160,000 for the total period of employment between the parties to retirement without agreement.
[2018 High 630] The Defendant was working in the pertinent workplace from October 27, 2016 to November 5, 2016, and the Defendant did not pay KRW 900,000,000 to the retired workers G, and wages of KRW 900,000 to the retired workers H who were working for the same period, and wages of KRW 2,70,000,000 to the retired workers I who were employed for the same period, within 14 days from the date of their retirement without any agreement on the extension of the payment period between the parties.
2. Determination
A. The key prosecutor asserts that D, E, F (2018, 129, G, H, and I (2018, 630, hereinafter “instant workers”) were those employed by the Defendant, while the Defendant merely requested J or D to perform the instant work, and did not employ the instant workers.
B. In determining whether a person is a worker under the relevant legal principles and the Labor Standards Act, the determination shall be based on whether a person has provided labor in a subordinate relationship with an employer for the purpose of wages in a business or workplace, regardless of whether the form of the contract is an employment contract under the Civil Act or a contract for work, and it shall be based on whether such a subordinate relationship exists.