The Defendant worked at the site of the construction of a new house in Yangyang-gun C, which was contracted by the Defendant from March 31, 2014 to April 24, 2014, and did not pay 3.25 million won of wages to retired workers D within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, as stated in the list of crimes in the attached Table, and did not pay 12,610,000 won of wages to five retired workers who were employed in the above workplace as stated in the list of crimes in the attached Table, without agreement between the parties to the extension of the payment deadline.

2. It is true that the Defendant and his defense counsel did not pay to D the amount stated in the facts charged. However, the Defendant awarded a subcontract to D for the new construction work of the above new construction work of the above new construction work of the house, and as D employed the rest of workers, the Defendant cannot be viewed as an employer under the Labor Standards Act.

3. Determination of employers under the Labor Standards Act ought to be made by comprehensively considering the direction, supervision, payment of remuneration, etc. based on actual labor relations, regardless of the type of contract or content of relevant laws and regulations.

The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, D consistently receives daily allowances from the investigative agency to the present court, and consistently set a specific daily allowance, and the Defendant directly employed five workers including D, and the Defendant stated that he/she is not awarded a subcontract for the inside area of D, and the Defendant and D have the subcontract amount before D begins.