The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles, the Defendant entered into a contract with E to commission a telecom, which is only entrusted with duties, and E is not a worker employed by the Defendant.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts or misapprehension of legal doctrine on whether a person constitutes a worker under the Labor Standards Act ought to be made based on whether the form of a contract is an employment contract or a delegation contract is an employment contract, or whether the substance of a labor relationship to provide more labor has provided labor in subordinate relationship with an employer for the purpose of wages at a business or workplace.

Here, whether a dependent relationship exists should be determined by comprehensively taking into account the economic and social conditions such as the employer’s contents of work, whether the employer is subject to the rules of employment or service regulations, whether the employer is subject to considerable command and supervision during the performance of work, whether the employer designates working hours and place of work, and whether the employer is bound by the employer, whether the employer is capable of operating his/her business on his/her own account, whether the employer has a risk, such as the creation of profit and loss from the provision of work, whether the nature of remuneration is the subject of work, whether the nature of remuneration was determined by the basic or fixed wage, whether the income tax was collected at source, whether the continuousness and degree of the relationship of provision of work, whether the employer has exclusive responsibility to the employer, and whether the social security system is recognized as an employee under the statutes on social security.

However, whether the basic salary or fixed salary has been determined, whether the labor income tax has been collected at source, and the social security system.