The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that D is not G workers, and the subject of punishment in violation of the Labor Standards Act is in H, and that D agrees to engage in a partnership business on behalf of the company to be established in the future and to receive the benefit derived therefrom, and therefore, it cannot be recognized that it is an employee in a subordinate working relationship.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the judgment.

2. Determination

A. The summary of the facts charged in the instant case is an employer, who is a business operator who has conducted manufacturing and selling didy, and wholesale and retail business using six full-time workers under the trade name of the (ju)G in Ulsan-gu I.

An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract.

In such cases, matters concerning the constituent items, calculation method and payment method of wages, contractual work hours, holidays under Article 55, and annual paid leave under Article 60 shall be specified in writing and delivered to the worker at his/her request.

Nevertheless, from the end of June 2010 to September 30, 2012, the Defendant works as an agent in charge of DNA management.

When concluding an employment contract with D with retired workers, the matters concerning the constituent items, calculation method and payment method of wages, contractual work hours, holidays under Article 5, annual paid leave under Article 60, and other working conditions prescribed by Presidential Decree are not specified, and the matters concerning annual paid leave under Article 60 are not specified in writing.

B. According to the evidence of the lower court’s judgment, the lower court examined the progress of the experiment as an agent, according to the direction of E, the team leader, or as an agent.