The defendant shall be innocent.

1. The gist of the facts charged is that the Defendant is the representative director of F Co., Ltd. with Seoul Mapo-gu Seoul E and six floors, who employs two full-time workers and runs wholesale and retail business.

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.

The Defendant did not pay the total of KRW 2,822,60 in February and March 2013, and the total of KRW 1,41,300 in April 2013, and KRW 7,056,50 in April 1, 2013, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. Determination

A. In determining whether a worker is a worker under the relevant legal doctrine, regardless of whether the contract is an employment contract under the Civil Act or a contract for work, or a subordinate relationship to an employer for the purpose of wages in substance, the determination of whether a worker has provided his/her labor in a business or workplace. Here, whether a subordinate relationship exists shall be based on whether the contents of work are determined by the employer and shall be subject to rules of employment, service regulations, personnel regulations, etc., whether the employer is specifically and directly directed and supervised by the employer in the course of performing his/her duties, whether the worker is designated working hours and place for work and is detained by the employer, whether the worker has a substitute nature of work, whether the remuneration has a basic salary or fixed wage, whether the wage has a characteristic of work itself, whether the wage has a characteristic of work, whether the provision of labor is continuous and exclusive to the employer, and whether and to the degree and degree of social security system.