A. Error of mistake G is not an employee under the Labor Standards Act.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 3,000,000) is too unreasonable.

2. Determination

A. Determination of facts as to whether a worker is a worker under the Labor Standards Act should be made in light of whether the form of a contract is an employment contract or a contract for work, and whether a worker has a subordinate relationship with an employer for the purpose of wages in substance. Determination of whether there is a subordinate relationship with the above should be made by comprehensively taking into account the following factors: (a) the employer’s content determined the work hours and place; (b) the employer is subject to the rules of employment or the rules of service; (c) the employer designates the work hours and place; (d) the employer is bound by the employer; (d) whether the employer is capable of operating his/her business on his/her own account; (e) whether the labor provider voluntarily owns equipment, raw materials or tools of work; (e) the creation of profits and losses by providing labor; and (e) whether the nature of remuneration was the subject of the employment contract; (e) whether the wage was determined by basic wage or fixed wage; and (e) whether or not the employer has exclusive affiliation to the employer and its degree; and (e) economic and social conditions such as whether the social security system is recognized as an employee.

However, the circumstances such as whether the basic wage or fixed wage has been determined, whether the labor income tax has been withheld, and whether the social security system has been recognized as an employee are highly likely to be arbitrarily determined by the employer by taking advantage of the economic superior position, is not recognized.