A. C Co., Ltd. (hereinafter “instant company”) operated by the Defendant of mistake of facts (hereinafter “instant company”) was awarded a contract for the electrical construction of the apartment house located in D at Seopopo City D from E (hereinafter “instant construction”) and subcontracted it to F, and M and N are workers employed by F and work at the site of the instant construction.

Therefore, the judgment of the court below which found the Defendant guilty of this part of the facts charged on the ground that the instant company did not have an obligation to pay wages to F, M, and N, and that F, M, and N constituted workers who entered into an employment contract with the instant company.

B. The judgment of the court below on unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, Article 2(1)1 of the Labor Standards Act provides that a person who provides labor at a business or workplace for the purpose of wages without relation to the type of occupation. Determination of whether a contract constitutes a worker is an employment contract under the Civil Act or a contract for work ought to be made depending on whether a worker provided labor to an employer for the purpose of wages at the business or workplace in substance. In order to determine whether such subordinate relationship exists, the content of work is determined by the employer, and the rules of employment or service (applicable to personnel regulations, etc.), whether the employer is subject to specific direction and supervision, whether the working hours and place are designated by the employer and place of work, whether the worker is bound by the employer, whether the ownership of equipment, etc., the characteristic of remuneration, whether basic pay or fixed wage is determined, and whether the wage and salary tax are withheld.