1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won shall be one day.

Punishment of the crime

The defendant is a business owner who runs a wholesale business using five full-time workers under the trade name of Sungnam-gu Seoul Special Metropolitan City C 405 (D).

The Defendant did not pay KRW 10,278,856 of E retirement pay at the same place of business from August 2, 2005 to September 30, 2014, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

2. Legal statement of witness E;

3. Partial statement of witness F in the court;

4. The police statement concerning F;

5. The defendant asserts that he is an employee employed by the F who entered into a contract for sales on consignment of his own fishery products, and that he is not an employee employed by him.

However, based on the above evidence, the labor contract relationship between E and the defendant is concluded based on the following circumstances: (a) the defendant provides office and office, (b) bear various expenses, including telephone and food, and (c) employees, E, etc. paid piece rates based on their basic pay, and received performance; (d) the sales of E, etc. deposited into the account in the name of the defendant; (e) the defendant paid benefits from the above account; (e) the defendant was entered into four insurance under G, a separate workplace operated by him; (e) the defendant revoked his statement in this court; (e) the police stated that he and E are the D employees operated by the defendant; (e) although the packing of fishery products sold by E, etc., it is difficult to view that the defendant was in charge of the consignment of fishery products, such as the fact that the defendant did not deny or enjoy the defendant; and (e) the defendant did not submit settlement data while settling profits through the F’s account in his name.