The defendant shall be innocent.

[2] The Defendant is an employer as a person in charge of business operation of manufacturing vessel engine parts, etc. using two full-time workers under the trade name of (ju) C in Busan Seo-gu.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay the aggregate of the wages of KRW 2,00,00,00 in August 1, 2017, of KRW 3,000,000 in September 10, 2017, KRW 4,500,00 in total, and KRW 9,500,00 in October 10, and KRW 1,056,00 in July 2017, KRW 1,399,950 in September, and KRW 2,50 in October 28, 2017, KRW 4,95,00 in total, including the wages of KRW 4,95,00 in total, and KRW 5,00 in 1,05,00 in 20 in 20,00 in 1,50 in 20 in 200 in 20,50 in 20 in 20,50 in 200 in 205.

[Judgment]

1. The defendant's assertion is that only D is obligated to pay the unpaid contract price according to the contract, and there is no temporary employment relationship for three persons asserted as workers specified in the facts charged.

The argument is asserted.

2. Whether the worker is a worker under the Labor Standards Act;

A. Determination as to whether a person is a worker under the Labor Standards Act should be made in accordance with whether the substance of a labor relationship, rather than in the form of a contract, provided labor to an employer for the purpose of wages in the business or workplace.

Here, whether or not a subordinate relationship is determined by the employer, and is subject to the rules of employment or service regulations, and whether or not the employer directs and supervises it in the course of performing his duties.