The defendant shall be innocent.

1. The summary of the facts charged is the representative of the E limited partnership company located in Nam-gu Incheon Metropolitan City D, who runs the taxi transport business using 80 full-time workers.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked as a daily Spanish engineer from May 1, 2008 to January 27, 2014 at the above workplace, and did not pay 3,190,260 won in total, including 1,216,120 won of retirement pay for retired workers and 1,974,140 won of G retirement pay from September 1, 2009 to February 2, 2014, within 14 days from the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date for payment.

2. Determination

A. Whether an employee is a worker under the Labor Standards Act shall be determined by whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages at the business or workplace. Whether an employee is a subordinate relationship as mentioned above shall be determined by the employer’s contents of work, and shall be subject to the rules of employment or the rules of employment, and shall be subject to reasonable direction and supervision by the employer in the course of performing the work, whether the employer is bound by the employer’s designation of work hours and place, whether the employee is capable of operating his/her business on his/her own account, such as possessing equipment, raw materials, work tools, etc. or having a third party employ and act on behalf of him/her, whether the employer has a risk, such as the creation of profit and loss, etc. by providing labor, the nature of remuneration, whether the nature of the employee is the subject of work, whether the basic wage or fixed wage was determined