The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of the grounds for appeal

The judgment of the court below that found H and G to be guilty of the facts charged in this case even though they were introduced to the F Housing Redevelopment Improvement Project Promotion Committee, and they were not in an employment relationship under the above H, G and Labor Standards Act at the time, was not in an employment relationship under the Labor Standards Act, there is an error of law by

2. The summary of the facts charged in this case is an employer who operates a rearrangement project management business by employing six full-time workers under the trade name of Co., Ltd. from the 6th floor of Gangnam-gu Seoul Building.

From September 23, 2008 to November 25, 2008, the Defendant did not pay KRW 3,000,000 to G workers who worked as the requisition source for the consent at the F Housing Redevelopment Project Office located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, for the period from September 23, 2008 to October 25, 2008, wages of KRW 2,500,000 to workers H who worked as the requisition source for the consent within 14 days from each date of retirement, without any agreement on the extension of the due date between the parties concerned.

3. The lower court found the Defendant guilty on the instant facts charged on the ground that it is reasonable to deem that the labor contract was concluded between H and Defendant Management Company D, on the grounds that, in light of the fact that H and G had been employed by the Defendant on the part of the Cheongju from around 2006 to 2007, and that the said H and G were deemed to have received work instructions and commuting management from the Defendant Company D with respect to the instant draft consent.

4. Judgment of the court below

A. Whether a worker is a worker under the Labor Standards Act shall be determined in substance, rather than whether a contract is an employment contract or a contract for employment, depending on whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages at a business or workplace. Whether a subordinate relationship as mentioned above exists shall be determined by the employer.