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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant is an employer who ordinarily employs six workers from among the DNA Diplomatic Extension Works in the Republic of Korea, the interior interior interior interior decoration work in the Republic of Korea. From November 30, 2011 to December 28, 2011, the Defendant did not pay KRW 1,420,000 for December 20, 201, and KRW 1,420,000 for capital from November 20, 201 to November 24, 2011 to KRW 900,000 for capital from November 20 to November 24, 2011, to KRW 10,00 for each of the parties’ retirement from the date of payment without agreement between the parties’ retirement and KRW 30,00 for each of the parties’ retirement from the date of November 20, 201 to November 24, 2011.
2. The Defendant’s assertion is merely an employee who works at a construction site with E, F, and G (hereinafter “E, etc.”) and is not an employer of E, etc.
3. Determination
A. Determination of whether a person is a worker under the Labor Standards Act shall be based on whether, regardless of the form of a contract, labor has been provided to an employer in a subordinate relationship with the purpose of wages. On the contrary, determination of who is liable to pay wages and retirement allowances to a certain employee should be based on the actual labor relationship regardless of the form of a contract or the content of the relevant laws and regulations.
(See Supreme Court Decision 2007Da7973 Decided October 23, 2008, and Supreme Court Decision 2010Da107071, 107088 Decided May 24, 2012, etc. (see, e.g., Supreme Court Decision 2010Da107071, 108).
Article 2 (1) 2 of the Labor Standards Act provides that "employer" means a business owner, a person in charge of business management, or a person who acts on behalf of a business owner with respect to matters concerning workers, and therefore, it is necessary to examine whether the defendant is the defendant.
1. The term "business owner" means a person who operates his/her business under his/her own name by employing a worker, and the labor contract entered into with the worker.