Defendant shall be punished by a fine of KRW 2,500,000.

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

Punishment of the crime

The Defendant, as the representative of D Driving Schools located in Kimhae-si C 302, is an employer who runs a driving school business using three full-time workers.

When a worker retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total of KRW 18,429,359, including KRW 9,241,749, and KRW 14 days from June 28, 2010 to August 25, 2016, when he/she retired from office as an instructor, as an instructor, during the period from January 12, 2012 to August 25, 2016.

Summary of Evidence

1. Any statement made to the accused in part of each protocol concerning the suspect interrogation of the police;

1. Part concerning the statement E or F in the police interrogation protocol against the defendant

1. Statement made by the police for E;

1. A complaint and a statement of reasons for complaint;

1. A copy of employment contract;

1. Application of Acts and subordinate statutes to report the acquisition of each investigation data;

1. Article 44 of the Act applicable to the facts constituting an offense and Article 44 subparagraph 1 and Article 49 of the Guarantee of Retirement Benefits for each worker selected as an employee;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant does not constitute a worker under the Labor Standards Act.

The argument is asserted.

The issue of whether a worker is a worker under the Labor Standards Act is a contract for employment or a contract for employment, and in substance, whether a worker provided work in a subordinate relationship with an employer for the purpose of wages in a business or workplace is determined depending on whether the employer provided work for the purpose of wages in the business or workplace. Whether there is a subordinate relationship as mentioned above is determined by the employer’s contents of work, subject to the rules of employment or personnel regulations, etc., and in the course of performing