Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant, as the representative of D in Busan Jin-gu C, is an employer who has operated a general private teaching institute using three regular workers.

When an employee retires, the employer shall pay all money and valuables, such as wages, compensations, etc., within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 495,00,00 and KRW 7,506,540,00,000, in total, and KRW 7,506,540, which were retired from the said workplace from office from November 13, 2011 to July 29, 2015, within 14 days from the date of retirement where the cause for payment occurred, without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E and F;

1. Details of receipt of benefits, a statement of calculation of retirement allowances, and March 2015 or

8. Application of Acts and subordinate statutes on details of benefits;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserts that E does not constitute a worker subject to the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act.

2. Determination:

A. Whether a person is a worker under the Labor Standards Act shall be determined according to whether the contract is an employment contract under the Civil Act, or whether the contract is a contract or a subordinate relationship to the employer for the purpose of wages in substance, regardless of the form of the contract.

Whether or not there is a subordinate relationship shall be determined by the employer and shall be subject to the rules of employment or service (personnel) regulations, etc. in the course of performing duties.