근로기준법위반
The defendant shall be innocent.
1. The summary of the facts charged in the instant case is that the Defendant: (a) ordinarily employed approximately 30 workers in the name of “stock company E” in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, and vicariously performed the general assembly work of the Development Promotion Committee of the Development Promotion Committee of the Development Promotion Committee of the Development Promotion Committee of the Zones in the House of the Government Government; (b) from August 24, 2011 to September 4, 2011, who served in the said workplace and retired from office on September 1, 2011, including KRW 1,560,000 on September 24, 201; and (c) did not pay KRW 7,936,000 for the total wages of four workers within 14 days from the date on which the cause for the instant payment occurred, without an agreement on the extension of the payment between the parties.
2. Although the defendant's defense counsel defendant recruited I, J, G, and K who is public relations personnel through H and entrusted affairs, such as demands for a written resolution, preparation of written consent, etc., the relationship between the defendant and the complainants is merely the relationship between the promotion of the general assembly to be held in the future and the entrustment of the service of collecting written resolution from the members, and is not in an employment relationship. Thus, the defendant cannot be deemed an employer under the Labor Standards Act in relation to the complainants, and the violation of the Labor Standards Act premised on the duty to pay wages to the above complainants is not established.
3. Determination
A. Determination of whether a worker 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 employment, and whether a worker has a subordinate relationship with an employer for the purpose of wages at a business or workplace. Whether a subordinate relationship exists as mentioned above shall be determined by the employer, subject to the rules of employment or service regulations, etc., and the employer shall exercise reasonable direction and supervision during the performance of duties, whether the employer designates working hours and places, and is detained by the employee, and the employer