Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is an employer as a minor in charge of a construction business who employs two full-time workers as the representative director of Ulsan-gu C building or E Co., Ltd. located in Ulsan-gu, and is engaged in construction business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the F’s wage of KRW 5.6 million (the wage of KRW 3 million on May 1, 2017, wage of KRW 2.6 million on June 26, 2017) and retirement pay of KRW 4,406,678 on total amount of KRW 10,06,678 on the date of payment between the parties, without any agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Legal statement of witness F;

1. Some statements made against the defendant during the police interrogation protocol;

1. Determination of whether the form of a contract is an employment contract or a delegation contract is an employment contract, or the substance of a labor relationship with which the labor provider provides labor is subordinate to the employer for the purpose of wages should be made depending on whether the labor provider provides labor in a subordinate relationship with the employer for the purpose of wages in the business or workplace.

Here, whether a dependent relationship exists shall be determined by the employer and shall be subject to the rules of employment or service regulations, and whether an employer has considerable command and supervision during the performance of duties, whether an employer designates working hours and working places and is detained by the employer, whether an employee is subject to detention by the employer, and whether an employee owns equipment, raw materials, working tools, etc. or has a third party employ and act on behalf of him.