A. The Defendant, on March 11, 2011, awarded a subcontract to F for the work of Lbane C/S business, maintenance of opening, etc. among the work of D Co., Ltd. (hereinafter “D”), but at the time, the Defendant was also liable to F for wage payments for employees.

Therefore, the judgment of the court below that judged the defendant as the employer is F, is erroneous in the misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (fine 2.5 million won) is too unreasonable.

2. Determination

A. The lower court concluded a contract (hereinafter “instant contract”) on March 11, 201, including the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, namely, ① the payment of wages, retirement allowances, four major premiums, and other taxes and public charges to employees related to the C/S opening, etc., are liable for F.” (hereinafter “this case contract”). However, the proviso to the above provision is subject to the Defendant’s four major insurance coverage, and the four major insurance premiums and other taxes are directly deducted by the Defendant and paid to F.

It appears that the Defendant actually paid the basic salary to the monthly workers (35 pages of evidence records), ② The workers in the judgment of the lower court appear to be the original employees of the Defendant, and the employment relationship between the Defendant and the said workers is difficult to view that the employment relationship between the Defendant and the said workers is transferred to F. ③ The said workers also seem to have been aware of their employer and the president (see, e.g., evidence records 4, 34-38, see, e., evidence records). ④ On April 26, 2013, the Defendant rendered the judgment of the lower court.