A. On August 8, 2014, the Defendant was awarded a contract with the Jung-gu Daejeon District Housing Corporation (hereinafter “instant Housing Corporation”).

On August 21, 2014, the Defendant awarded a subcontract to AI and I for electricity, equipment, and structural construction during the foregoing construction work, and the Defendant waived the construction work by employing the individual delinquent money and valuables on a yearly basis, 1 to 9 workers (hereinafter “D, etc.”) as stated in the lower judgment, such as AI and I.

In addition, on September 22, 2014, the Defendant ordered G to subcontract the structural construction during the foregoing construction, G re-subcontracted some of the construction works to E, and E employed workers of 10 to 19 (E, etc.) on a yearly basis, the detailed statement of the personal overdue money and valuables as stated in the judgment below.

Therefore, even if the defendant is not the employer of each of the above workers, there is a reasonable reason to dispute the existence and scope of the duty to pay wages to the defendant, so there is no intention of violation of the Labor Standards Act.

B. The sentence imposed by the lower court on the Defendant (a fine of four million won) is too unreasonable.

2. Determination

A. In light of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant is the employer of the worker who entered the detailed statement of the individual delinquent money and valuables in arrears as stated in the lower judgment, and the Defendant is also aware of

Therefore, the defendant's above assertion is without merit.

The F stated in the lower court’s court that “The actual contractor of the instant housing construction is the Defendant. The Defendant’s request to K who operates the service office to introduce K, etc. to the effect that D, etc. work. The work performed by D, etc. is irrelevant to I or AI.”

D also is the introduction of K at the court of original instance.