The defendant shall be innocent.

1. The summary of the facts charged is the user who employs ten full-time workers as the representative of Seo-gu Daejeon District D (ju) E, Seo-gu, Daejeon and operates a general construction business.

(a) When an employee retires, the employer shall pay him/her wages within fourteen 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 said workplace did not pay 12,00,000 won monthly wage of 12,00,000 each month from January to June 16, 2016 to July 10, 2016 to the above workplace without any agreement between the parties on the extension of payment date.

(b) Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the said workplace did not pay KRW 3,767,730 of F retirement pay from August 11, 2014 to July 10, 2016, within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.

2. Determination

A. Whether a worker is a worker under the Labor Standards Act should be determined in light of whether the form of a contract is an employment contract or a contract for work, and in substance, whether a worker provided labor to an employer for the purpose of wages in a business or a workplace.

In addition, whether the above-mentioned subordinate relationship exists shall be determined by the employer, and shall be subject to the rules of employment or the personnel regulations, etc., and whether the employer has considerable command and supervision in the course of performing the work, whether the employer designates working hours and working places, whether the employer is bound by the employer, and the employer is provided with equipment, raw materials or working places.