The defendant shall be innocent.

1. The Defendant is an employer who operates a medical corporation E located in Heung-gu, Chungcheongnam-gu, Chungcheongbuk-gu from September 14, 2015 to the date of the charge.

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.

Defendant did not pay KRW 680,574 of the F’s annual leave allowances for 2016, who worked as a cook at the same place of business from July 22, 2015 to July 31, 2016, and retirement allowances of KRW 1,793,780, G’s retirement allowances of KRW 3,240,320, and H’s retirement allowances who worked as a physical clinic from May 1, 2013 to December 31, 2015; and paid KRW 22,03,387, and from April 1, 2009 to July 28, 2016 to H’s retirement allowances who worked as a cook within the agreed date without the agreement between the parties concerned; and KRW 1,797,610,000,000 from June 29, 2015 to August 10, 2016.

2. Determination of whether a person is a worker under the Labor Standards Act, regardless of the form of a contract, shall be based on whether a person has provided his/her labor in a subordinate relationship with an employer for the purpose of wage. Determination of whether a person is determined by the employer and is subject to rules of employment, service regulations, personnel regulations, etc., and is subject to specific and direct command and supervision from the employer in the course of performing his/her duties, whether a person is designated working hours and place of work and is detained by the employer, whether the person is in possession of equipment, raw materials, working tools, etc., whether the remuneration has the characteristic of his/her own work, whether the basic salary or fixed wage has been determined, whether the person has the characteristic of his/her work, whether the person has the continuity of the provision of labor and the degree of exclusive belonging to the employer, and whether a person has the status as a worker under other Acts and subordinate statutes, such as social security system, should be recognized.