The defendant shall be innocent.

1. In the facts charged, the Defendant is the representative of CJ in the Manan-gu B and the third floor in Ansan-gu, and is an employer who operates Bospering Private Teaching Institutes with four regular workers at ordinary times.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay 10,791,935 won in total, as stated in the attached crime list, as well as 900,000 won in July 2017, 2017, which was worked in the above workplace from July 1, 2010 to October 8, 2018 at the above workplace, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant did not pay 17,008,872 won of retirement allowances of the above D within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

2. Determination

A. Determination of whether a worker is a worker under the Labor Standards Act shall be based on whether the form of a contract is an employment contract or a contract for work, and in substance, whether a worker provided work in a subordinate relationship with an employer for the purpose of wages at the business or workplace. Whether a subordinate relationship exists as mentioned above shall be determined by the employer, and shall be subject to the rules of employment or the rules of service, and shall be subject to reasonable direction and supervision by the employer in the course of performing the work,