The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The Defendant, as the representative director of the Redcheon-gun D, is an employer who operates a service business using three full-time workers, who is a representative director of the Redcheon-gun D.

A. The Defendant violated the Labor Standards Act, while working in E from February 1, 2014 to February 28, 2015, did not pay total of KRW 17,163,510 as wages, including KRW 2,901,00 in February 2014 for retired workers, KRW 2,701,50 in March wage, KRW 2,701,50 in April wage, KRW 2,701,50 in December wage, KRW 2,701,50 in December wage, KRW 2,701,50 in January wage, 2015, KRW 2,701,50 in February wage, KRW 2,701,50 in February wage, and KRW 17,163,510 in February wage, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

B. The Defendant in violation of the Workers’ Retirement Benefit Security Act did not pay KRW 3,230,136 of the retirement allowance of the worker F retired while working as described in paragraph (1) in E, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

2. Determination

A. The Defendant and the defense counsel in accordance with the Labor Standards Act (1) have been operating an individual enterprise from the past to the past, and even during the period of registration as an employee of the credit rating company, the Defendant and the defense counsel continued to operate the individual enterprise without the Defendant’s consent, and the F is to register the project as an employee of the credit rating company and receive the payment in the form of salary only until the project is entered into this track, for the purpose of obtaining a part of the H’s business rights among the H’s projects that the credit rating company and the credit rating company run with G, and therefore, it does not constitute a

The argument is asserted.

2) Whether a person constitutes a worker under the Labor Standards Act ought to be determined depending on whether the substance of a labor relationship, rather than in the form of a contract, provided labor to an employer in a subordinate relationship for the purpose of wages in the business or workplace

Here, whether or not a subordinate relationship is determined by the employer, and is subject to the rules of employment or service regulations, and whether or not the employer has considerable command and supervision during the performance of duties, and the employer is working hours.