A. In fact, the Defendant, at the time of the instant case, was a person working as a sales team leader at D-sale office located in the Silung-si located in the Silung S&D Co., Ltd., a sales agency at the time of the instant case. Workers E and F indicated in the instant facts charged, reported a recruitment advertisement for the sales consultation, and was employed for about 15 days as a sales team counselor with the Defendant’s team leader as the head of the team.

The new forest E&D Co., Ltd, at that time, paid 2 million won to the seller of buildings in units, and 1 million won to the defendant, who is the head of the sales team, when the seller of buildings in units purchases one contract, was in the position to receive the commission according to the performance of the defendant's seller, and the seller E and F were in the position to receive the sales commission from the seller of buildings in units at each time of contract.

Therefore, the defendant did not have a relationship of giving remuneration to E and F, and would pay fixed salary to E and F.

There is no fact that has been guaranteed.

The Defendant was an employer of E and F at the time of the instant case.

In light of the facts charged in the instant case, the lower court erred by misapprehending the facts.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Determination as to whether a person is a worker under the Labor Standards Act shall be based on whether the form of a contract is an employment contract or a contract for work, and in substance, whether a person has a subordinate relationship with an employer for the purpose of wages in a business or a workplace. Whether a person has a subordinate relationship as mentioned above shall be determined by the employer’s contents of work and shall be subject to the rules of employment or the rules of service (personal service) and shall be subject to reasonable direction and supervision by the employer in the course of performing work, whether the employer designates working hours and