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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal is that the Defendant, in the course of arranging all employees due to difficulties in corporate circumstances around October 20, 2014, only distributed the operating income of the contract that he/she received from F, and does not establish an employment relationship with F.
Therefore, F is not a worker under the Labor Standards Act.
However, the judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
A. When a worker dies or retires, the employer of the facts charged in the instant case shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred. If the worker retires, the employer shall pay the retirement allowances within 14 days after the cause for such payment occurred, and if there are special circumstances, the period may be extended by mutual agreement between the parties concerned.
The Defendant is an employer who engages in the manufacturing industry by employing approximately one full-time employee as the representative of D Co., Ltd. (former E Co., Ltd.; hereinafter “instant company”). The Defendant did not pay KRW 9,623,00 for the total amount of four-month wages from October 1, 2015 to February 28, 2016, and KRW 4,323,287 for retirement allowances from January 1, 2014 to February 28, 2016, within 14 days from the date of retirement without an agreement on the daily extension of the payment period between the parties.
B. The lower court determined as follows based on the evidence adopted by the lower court, i.e., that the Defendant subscribed to four insurance against F in the instant company, that is, the Defendant collected labor income tax, that Defendant provided the instant company’s corporate card and vehicle to operate, and that F used the name of the vice president.