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(영문) 수원지방법원 2018.05.31 2017고정3089
근로자퇴직급여보장법위반
Text

The defendant shall be innocent.

Reasons

1. The facts constituting a crime are as shown in the attached Form 3 of the facts charged (Provided, That the judgment on the "suspect" is based on the "defendant" as the "defendant"). 2.

A. Determination of whether a worker is a worker under the Labor Standards Act shall be made in light of whether the form of a contract is an employment contract under the Civil Act or a contract for work, and in substance, whether a worker provided a work to an employer for the purpose of wages at a business or a workplace. Determination of such subordinate relationship is based on whether the content of the work is determined by the employer and is subject to specific direction and supervision of the employer in the process of performance of work, whether the worker is designated working hours and place of work by the employer, whether the worker is subject to restraint, whether the ownership of alternative work such as providing equipment and tools, etc., whether the characteristic of remuneration is determined at a basic level or fixed level, whether the source of income tax is collected, whether the worker has continued to provide labor relations and its degree, whether the status of the worker has been recognized by other Acts and subordinate statutes, whether the worker has been provided with a labor system, and whether the worker is provided with an individual command and supervision in the process of performance of work, whether the worker is provided with a third party, whether the worker has a capacity to receive labor evidence and evidence (C201).

1) F is a construction subcontract with a business category registered.

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