(a) mistake of facts D. E is not a worker employed by the defendant;

Although the first instance court's approval of the defendant's violation of the Guarantee of Workers' Retirement Benefits Act is erroneous.

B. The first instance sentencing (700,000 won of fine) on the accused is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, whether a person constitutes a worker under the legal principle of the Labor Standards Act shall be determined by considering the substance of a contract rather than whether it is an employment contract or an employment contract, depending on whether an employee provided labor to an employer for wages in a business or workplace.

Whether a dependent relationship as mentioned above exists shall be determined by comprehensively taking account of various economic and social conditions such as the employer’s contents of work, whether the employer is subject to the rules of employment or service regulations, and whether the employer is subject to considerable command and supervision in the course of performing the work, whether the employer is bound by the employer’s designation of working hours and working place, whether the employer is able to operate his/her business on his/her own account, whether the labor provider itself is able to own equipment, raw materials, work tools, etc., create profits and cause losses, etc. by providing labor, whether the nature of the remuneration is the subject of the work itself, whether the basic pay or fixed wage has been determined, whether the wage has the nature of the work itself, whether the labor relationship was determined, whether the employer has been exclusively dedicated to the employer, and whether the status of the employer is recognized as an employee under the social security system, and whether the person who provides labor owns the machinery, apparatus, etc., and thus creating profits through the provision of labor for his/her own independent business and its own account.