A. The Defendant, along with F, does not bear the obligation to pay wages to F, since he was employed by G and J as an employee at the construction site which G and J received and did not employ F.

Nevertheless, the court below erred by misunderstanding the facts and finding the guilty of the facts charged of this case.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. In determining whether a contract constitutes a worker under the Labor Standards Act, regardless of whether the contract is an employment contract under the Civil Act or a contract for work, and whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages in substance, regardless of whether the contract is an employment contract under the Civil Act or a contract for work. Determination of whether a subordinate relationship exists shall be made by comprehensively taking into account the following: (a) whether the contents of work are determined by the employer; (b) whether the employer is subject to the rules of employment, service regulations, personnel regulations, etc.; (c) whether the employer is specifically and directly directed and supervised by the employer; (d) whether the working hours and the place are designated by the employer; (e) whether the worker is subject to the assignment of work by a third party; (e) ownership of equipment, raw materials, working tools, etc.; (e) whether the worker has a basic wage or fixed wage; (e) whether the wage has been subject to withholding tax on wage and salary income; (e) whether the continuous performance and the degree of the employment relationship are exclusive to the employer; and (e.