The Defendant worked at the aforementioned construction site from April 4, 2016 to April 30, 2016, and was retired from office from H’s wage of 2.72 million won, from March 3, 2016 to April 27, 2016, and the Defendant did not pay KRW 3.5 million in wages, and KRW 2.8 billion in wages of J from April 4, 2016 to April 30, 2016, and KRW 3.68 million in wages of K from April 4, 2016 to May 1, 2016, and did not pay KRW 3.45 million in total between the parties who retired from office and were retired from office within 3.41 million in total within 3.5 billion in wages of K from April 3, 2016 to April 30, 2016.

2. Determination

A. Determination of the employer’s authorization to whom employee is obligated to pay wages and retirement allowances must be based on the actual labor relationship regardless of the form of a contract or the content of the relevant laws and regulations (see Supreme Court Decision 2007Da7973, Oct. 23, 2008, etc.). If a worker is not in a real labor relationship, there is a case in which the worker is treated as an employer under the Labor Standards Act and other Acts and subordinate statutes.

On the other hand, there is no obligation to pay wages and retirement allowances under the Labor Standards Act (see, e.g., Supreme Court Decision 2004Da8333, Mar. 30, 2007). B. According to the evidence duly adopted and investigated by the court, D (F construction) was awarded a contract for the steves construction work as stated in the facts charged, and subcontracted the part of the steves construction work to M around February 25, 2016, M was set off against D (F construction) by April 16, 2016.