According to Article 15 of the Labor Standards Act, the term "employer" means a person who acts on behalf of an employer, not only an employer or a person in charge of business management, but also a person who acts on behalf of an employer with respect to other matters concerning workers. As legally determined by the court below, the defendant was appointed as the Director of the Army Incidental Construction Site at the time of the Gyeonggi-gun of the Construction Company, and the defendant was responsible for the selection, employment, direction, and supervision of the victims and was engaged in the business of receiving money for the name of the above victims from the above company. If the defendant arbitrarily used the money received for the payment of wages from the above company to another purpose, and thus the victims of this case become unable to receive each wage, the defendant shall be deemed to be a person who acts on behalf of the employer with respect to the matters concerning workers even if the above victims were not merely the Director of the Construction Site, and thus, the decision of the court below convicting the defendant on the delayed payment of wages in this regard shall not be justified and against the opposing opinion.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Chang-chul (Presiding Justice)