A. In fact-misunderstanding and legal principles, the driving school operated by the Defendant by the misunderstanding of the legal principles is a class of school, and the instructor can autonomously determine the selection of teaching materials and class hours according to the student’s ability and needs, and the E and F also have proceeded with the above method without anyone’s instruction or detention. Therefore, it cannot be viewed as a worker under the Labor Standards Act.

Even so, the lower court erred by misapprehending the legal doctrine on workers under the Labor Standards Act and thereby adversely affecting the conclusion of the judgment, which found E and F as workers and found them guilty of the facts charged in this case.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of mistake of facts is based on the adopted evidence, i.e., various circumstances as indicated in its reasoning, i.e., ① payment of the monthly specified amount during the service period on a regular payment date (the number of students does not change depending on the number of students), ② the class time table, class method, and contents of E and F are relatively free.

However, in full view of the following facts: (a) it is only a minimum self-regulation that takes the characteristics of the duties of an instructor of a private teaching institute; (b) E and F appears to have been withdrawn from the working hours set by the private teaching institute; (c) E and F could not have been employed by a third party, and the time of withdrawal and retirement is set; and (d) E and F could not actually have been employed at another place of business during business hours; and (e) it cannot be deemed that E and F did not have been an employee merely because E and F did not have been covered by the four major insurance or paid taxes to a person who is not an employee of a private business; and (e) E and F constitute a worker who works at the private teaching institute in a subordinate relationship for the purpose of wages.

2) The determination of this Court) workers under the Labor Standards Act.