The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged is that the Defendant, as the representative of the J (hereinafter “Defendant Company”) located in Seongdong-gu Seoul Special Metropolitan City, Sung-gu, Sung-gu, Sung-si, the Defendant is an employer who conducts a sales agency business by using ten full-time workers at the office of sale on the second-story L of Yeongdeungpo-gu, Young-gu.

The Defendant did not pay KRW 2,200,000 on November 1, 2015 of M, who worked at the said workplace from October 25, 2015 to December 10, 2015, as shown in attached Table 7 of the lower judgment, within 14 days from the date of retirement, which is the date on which the relevant cause for payment occurred, without an agreement between the parties on the extension of the payment period.

2. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) M is not the employee of the defendant company.

Even if M is the employee of the defendant company, since M was cancelled the sales contract concluded by M, there is no reason to pay 2.2 million won of wages (sale fees).

3. Determination 1) The lower court determined that M is a person under the Labor Standards Act and convicted the Defendant of the charges, comprehensively taking into account the following circumstances: ① the time of commuting to and from work and place of work of a sales consultant including M, ② the status of commuting to and from work, business activities, contract status, work status, etc. of the sales consultant and employees, ③ the sales commission corresponding to the wages was set at a fixed amount of KRW 2.2 million per unit, ③ the sales commission for the sales contract was set at a fixed amount of KRW 1,200,000 per unit, ④ the sales commission used in the public relations activities of the sales consultant, and ④ all equipment such as the leaflet and banner appears to have been provided by the Defendant Company.

2) Whether a person constitutes a worker under the Labor Standards Act for the Determination of the Party shall be determined depending on whether the form of a contract is an employment contract or a contract for employment, and whether, in substance, an employee provided labor to an employer for the purpose of wages in a business or workplace.

and above.