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 the representative director of D Co., Ltd., which is one of the 1601 representative directors of the 1,00-Gu, Seocheon-si C Building A, who runs a construction business by using one full-time worker.

From September 1, 2013 to December 31, 2014, the Defendant, who retired from the said workplace, did not pay KRW 4,500,000 of wages and KRW 5,873,585 of retirement allowances on December 2, 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect against the defendant;

1. Application of Acts and subordinate statutes to the protocol of private oral statement to E;

1. Article 109(1) and Article 36 of the Labor Standards Act (the fact that the payment of gold is not made) of the relevant Act on criminal facts, Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (the fact that the payment of gold is not made);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserts that E is not an employee of the foregoing company.

2. Whether a worker is subject to the Labor Standards Act, regardless of the form of a contract, shall be determined depending on whether a worker provided labor in a subordinate relationship with an employer for the purpose of wages. In determining whether a dependent relationship here exists, the contents of work are determined by an employer, whether a worker is subject to rules of employment, service regulations, personnel regulations, etc., whether a worker is subject to specific and direct command and supervision from an employer in the course of performing his/her duties, whether a remuneration has the characteristic of work itself, whether a wage has the characteristic of work itself, whether the source of the income tax is collected, and the existence and degree of the continuity of the provision of labor relationship and the exclusiveness of the employer.