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The defendant shall be innocent.
Reasons
1. The Defendant is the Defendant, as the representative of the Co., Ltd. E with the first floor of the crowdfunding in Daejeon Seo-gu, Daejeon, who runs the Internet newspaper business by making use of one full-time worker.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
In doing so, the defendant did not pay the F's wages of 1,00,000,000, which worked as the chief of the national headquarters from March 27, 2015 to April 27, 2015 at the above workplace, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.
2. Determination
A. Defendant and defense counsel that F was not an employee under the Labor Standards Act
The argument is asserted.
B. Whether a worker is a worker under the Labor Standards Act shall be determined by whether the form of a contract is an employment contract or a contract for work, and in substance, whether a worker has a subordinate relationship with an employer for the purpose of wages at a business or a workplace. Whether the employer has a considerable command and supervision in the process of performing duties, such as setting the content of duties, applying the rules of employment or the rules of service (personnel). Whether the employer is designated as working hours and working place, whether the employer is bound by the employer, whether the employer is capable of carrying on his/her business on his/her own account, such as holding the equipment, raw materials, working tools, etc. or having a third party perform duties on his/her behalf, and whether the employer has a risk, such as the creation of profit and loss, etc. by providing labor, whether the nature of remuneration is the subject of his/her own work, basic pay or fixed pay, and whether the income tax has been determined.