A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The defendant is a personal equipment business operator in the Seongdong-gu Seoul Special Metropolitan City C and D who operates a construction equipment leasing business with two full-time workers in the Jung-gu Seoul Special Metropolitan City E.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay KRW 3,506,50 of the F's retirement allowances, which was retired from the said workplace from September 1, 2013 to March 14, 2015, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. A written petition;

1. Report on the criminal place;

1. Application of statutes on average wages, retirement allowance calculation statements, and transaction details;

1. Article 44 of the relevant Act on criminal facts and Article 44 subparagraph 1 and Article 9 of the Guarantee of Retirement Benefits for elective Workers;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant is not the F’s employer, and that F’s work period is not one year.

2. Determination of whether a person is a worker under the Labor Standards Act shall be based on whether, in substance, an employer provided work in a subordinate relationship with an employer for the purpose of wages at a business or workplace. Whether a person is subordinate to the above mentioned above should be determined by the employer, and the employer shall be subject to the rules of employment or the personnel regulations, etc., and the employer shall exercise reasonable command and supervision in the course of performing duties, whether the employer designates working hours and working places, and whether the employer is bound by the employer.