근로기준법위반
The defendant's appeal is dismissed.
1. The summary of the grounds of appeal (based on factual errors) concluded that the Defendant would pay F the sales promotion support fund in the amount of KRW 3 million per month and KRW 18% per month to F on condition that he was engaged in telemarketing employees. Since F did not take part in his employees and did not fulfill the premise of establishing labor contract relations, the Defendant did not have employed F as an employee.
2. Even if the employer had an error in the anticipated conditions at the time of entering into a labor contract, if an employee provided labor in accordance with the employer’s direction and supervision, the labor contract relationship should be deemed established.
In particular, if an employer, even though he/she became aware of the necessity of time for the fulfillment of anticipated terms and conditions, if he/she allows the employer to provide his/her work, it may be possible to make the labor contract the nature of the so-called trial contract, but since the labor contract has been established, the employer is obliged to pay the price corresponding to the labor provided.
According to the evidence duly admitted and examined by the court below, ① the Defendant agreed to appoint F as a full-time executive officer upon H’s introduction, and agreed to pay the amount equivalent to 18% of the purchase price under the pretext of salary and incentives. ② From March 30, 2011, F served in a workplace as a workplace, from March 30, 201, to the effect that: (a) the Defendant was aware that he was equipped with the organization from the Defendant at the time of the expiration of the formation period; and (b) the Defendant stated that “I will take full-time care of organizing the organization because there was no organization of a full-time director; and (c) the Defendant did not raise any objection after hearing such remarks from F; and (c) the Defendant was a full-time executive member of the Defendant’s work, a full-time executive member, and a full-time employee.