Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

Attached Form

Criminal facts. The same shall apply to crimes.

(Provided, however, that the respondent is the defendant) a summary of the evidence

1. Statement C by a witness in the fourth public trial protocol;

1. Details of passbook transactions;

1. Application of Acts and subordinate statutes to resignation, employment insurance history, average wages, and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and Articles 44(1) and 9 of the Act on the Guarantee of Workers' Retirement Benefits (out of Payment of Retirement Benefits);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 gist of the claim is that C is a registered director and does not constitute a worker because it independently performs his/her duties. The period during which C performs his/her duties until September 30, 2011.

2. Determination

A. As to the assertion that the employee is not a worker, the determination of whether the employee is a worker subject to the Labor Standards Act shall be made according to whether the employee provided labor in a subordinate relationship with the employer for the purpose of wage regardless of the form of a contract. In determining whether the employee is a subordinate relationship, the determination of whether the contents of the work are determined by the employer, whether the employee is subject to the rules of employment, service regulations, personnel regulations, etc., whether the employee is subject to specific and direct command and supervision, whether the remuneration has the characteristic of the work itself, whether the wage has the characteristic of the work itself, whether the wage has the source of the income tax, and whether the employee has continued to provide labor relations, and whether the employee has exclusive relations with the employer, etc. (see Supreme Court Decision 2005Du524, May 27, 2005, etc.).