Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant, as a representative C in etern B, is an employer who employs six full-time workers and engages in laundry business.

The Defendant did not pay KRW D-3,048,387 of January 1, 2018, which was worked from January 1, 2018 to January 27, 2018, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. - Application of Acts and subordinate statutes of a vehicle service contract

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Whether a person constitutes a worker under the Labor Standards Act under Article 334(1) of the Criminal Procedure Act should be determined depending on whether a contract form is an employment contract or a delegation contract is an employment contract, or whether a labor provider provided labor in a subordinate relationship with an employer for the purpose of wages at a business or workplace.

Here, whether an employer has a subordinate relationship with an employer, who is subject to rules of employment or service regulations, shall be subject to considerable command and supervision during the performance of duties, whether an employer designates working hours and working places and is subject to restraint by an employer, whether an employer is able to operate his/her business on his/her own account, whether an employee is able to own equipment, raw materials, working tools, etc. or have a third party employ and act on behalf of him/her, whether he/she has a risk, such as creation of profit and loss, etc. by providing labor, whether the nature of remuneration is the subject of work itself, whether the basic salary or fixed wage has been determined and withheld, and whether the relationship between the provision of labor and the provision of labor has