2. The summary of the facts charged is that the Defendant is a full-time employee in Gunsan-si, who operates the “D” by employing one full-time employee and operates the wholesale business of automobile parts.

An employer shall deliver workers with documents specifying the constituent items, calculation method, and payment method of wages, small working hours, paid holidays, and annual paid leaves.

The Defendant, while employing workers E on July 8, 2013, did not prepare and deliver a labor contract specifying the above contents to E.

3. Determination

A. In full view of the evidence duly adopted and examined by the lower court, the lower court acquitted the Defendant on the facts charged of the instant case on the ground that the evidence submitted by the prosecutor alone cannot be deemed as a worker who provided labor in subordinate relationship with the Defendant for the purpose of wages.

B. Determination 1 of this Court is based on whether the form of a contract is an employment contract or a contract for employment, and in substance, whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages at a business or workplace. Whether an employee is subordinate to the above mentioned above should be determined by the employer, and whether the employer is responsible for direction and supervision during the performance of duties under the rules of employment or service regulations, whether the employer designates work hours and work place, whether the employee is subject to detention, whether the employer is designated, and whether the employee is subject to detention, and whether the employer owns a raw material or work place, or a third party is employed to act on behalf of the employer.