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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is an employer who operates a private teaching institute by employing two full-time workers under the trade name of “D” in the building in Osan-si.

Defendant 1 worked from March 13, 2017 to May 18, 2017 at the same place of business and did not pay KRW 2,483,872 to retired workers E within 14 days from the date of retirement without any agreement on extension of payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written petition;

1. Determination on the labor contract, the details of authentic text, and the assertion by the defendant and his defense counsel

1. Summary of the assertion

A. E is only a franchise that runs an independent business on its own account, not a worker under the Labor Standards Act.

B. On May 14, 2017, E was absent from work without permission due to a criminal act committed without disclosing his/her intention to resign. Since contact was not thereafter made, the Defendant did not have any intention to pay wages, and there are considerable reasons for the Defendant’s failure to pay wages.

2. Whether E is a worker under the Labor Standards Act.

A. Whether a person constitutes a worker under the relevant legal doctrine or the Labor Standards Act ought to be determined depending on whether the substance of the relationship to provide labor has provided labor to an employer in a subordinate relationship with a business or workplace for the purpose of wages.

Here, whether an employer has a subordinate relationship with the employer, who is subject to rules of employment or service regulations, shall be subject to considerable command and supervision by the employer during the performance of duties, whether the employer designates working hours and working places and is detained by the employer, whether the employer is capable of running his/her business on his/her own account, such as holding the equipment, raw materials, working tools, etc. or having a third party employ and act on behalf of him/her, and whether the employer has a risk, such as creation of profit and loss by providing labor, etc.