The defendant shall be innocent.

1. The Defendant, as the representative of G in Yongsan-gu Seoul Metropolitan Government, is an employer who regularly employs three workers and operates clothes repairs.

[2014 high-level 1828] An employer shall, when a worker dies or retires, pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

The Defendant did not pay KRW 1,00,000,00 for March 2013, 201, the wage of KRW 3,000,000 for the period from April 3, 2010 to October 25, 2013, and the wage of KRW 21,419,354 for October 2013, without an agreement between the parties on the extension of the due date for payment between the parties.

[2015 Dismissal 57] When an employee retires, the employer shall pay the retirement allowance within 14 days from the date when the grounds for such payment occurred.

The Defendant did not pay KRW 6,432,398 of H retirement pay from April 3, 2010 to October 25, 2013 at the same place of business within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Determination

A. In determining whether a contract constitutes a worker under the relevant legal doctrine, regardless of whether the contract is an employment contract under the Civil Act or a contract for work, or whether it is a subordinate relationship with an employer for the purpose of wages in substance. In determining whether a subordinate relationship exists, the content of work shall be determined by the employer, the application of rules of employment, service regulations, personnel regulations, etc., and the employer shall be subject to specific and direct direction and supervision from the employer in the course of performing work, whether the working hours and the place of work are designated by the employer, and whether the worker is bound by the employer.