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

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

Criminal facts

The defendant is an employer who has built a personal house using 14 workers at the time of occ.

The Defendant did not pay KRW 9.24,00,00 from March 5, 2014 to April 24, 2014, to workers D’ wages of KRW 9.24,00 from the date of his/her retirement without an agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the substitute part);

1. Details of expenses incurred in relation to construction works, application of Acts and subordinate statutes to the statement of claims;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. Whether a person is a worker under the Labor Standards Act shall be determined in accordance with whether a contract form is an employment contract or a contract for employment, and whether a labor provider provides labor in a subordinate relationship to an employer for the purpose of wages in the business or workplace;

Here, whether or not a dependent relationship exists shall be determined by the employer and shall be subject to rules of employment or service regulations, etc. of the employer in the course of performing duties, whether or not the employer is subject to considerable command and supervision by the employer, whether or not the employer designates working hours and working places and is bound by the labor provider, whether or not the labor provider is capable of operating his/her business on its own account, such as holding the equipment, raw materials, working tools, etc. or having a third party employ and act on behalf of him/her, whether or not the risks, such as creation of profits and losses, etc. through the provision of labor, the nature