The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal (based on fact-finding) is that the Defendant was awarded a contract for the installation of a boiler for boiler year (hereinafter “the instant construction”) from the Gandong-NN agency, but the instant construction cannot be conducted due to circumstances, and only requested the victim net F to perform the instant construction work. As such, the Defendant was convicted of the Defendant by misunderstanding the fact that the Defendant was not the employer who employed the victim, but the victim was not the employee who provided labor subordinate to the Defendant for the purpose of wages, and the Defendant was not the employee who provided labor.

2. Determination

A. Determination on the assertion of mistake of facts is based on whether a business owner’s duty to take safety measures under the Industrial Safety and Health Act is an “worker” under Article 2(1)1 of the Labor Standards Act, and whether a business owner constitutes a “worker” under the Labor Standards Act. The determination of whether a contract constitutes an employment contract or a work provider’s subordinate relationship with an employer for the purpose of wages should be made depending on whether a worker in substance provides an employer with labor for the purpose of wages at a business or a place of business. Here, whether a subordinate relationship exists by determining the content of work, the employer determines the rules of employment or service (which is subject to personnel regulations, etc.), whether the employer is subject to considerable direction and supervision by designating working hours and places, whether the employer is subject to restraint, and whether the employer is entitled to own designation of work hours and place, whether the worker is subject to detention, and whether a labor provider voluntarily employs a third party to act on behalf of the employer, such as ownership of equipment, raw materials, or tools of work, and whether remuneration has been paid or withheld by itself.