beta
Text
Defendant shall be punished by a fine of KRW 2,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a user who runs a telecommunications construction business using 60 full-time workers as the representative of the (P)F in Gwangju City.
The Defendant did not pay retirement allowances of KRW 20,777,040 in total to three employees, including retirement allowances of KRW 3,597,040, to G who worked from around August 1, 2010 to December 31, 2012, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties.
Summary of Evidence
1. A witness G or part of theJ’s legal statement;
1. A complaint;
1. As to the defendant's argument in the calculation of retirement allowances, the defendant does not bear an obligation to pay retirement allowances because he is not the victims.
The argument is asserted.
The issue of whether a worker is a worker under the Labor Standards Act is not a type of contract, but a decision should be made according to whether a worker in substance provided labor in a subordinate relationship for the purpose of wages in a business or workplace.
According to evidence, the victims of this case were forced to attend meetings held at 08:30 a.m. on a daily basis, and it was recognized that the victims were forced to attend the meetings held at 08:30 p.m., the contract was made with the F (hereinafter “Defendant Company”) and they were individually registered as business operators, received benefits in the form of fees for each establishment without basic pay, and the Defendant Company did not have any provision for the management of the services of the victims, and that the Defendant Company did not have any provision for the management of the services of the aforementioned installers. However, the victims were forced to attend the meetings held at 08:30 p.m., and the victims were forced to have worked in accordance with the management authority and the direction of the work of the victims, and they were retired without returning to the company when the work is completed at the business trip site.