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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant’s company F (hereinafter “F”) received monthly pay of KRW 2.5 million from the Defendant Company F (hereinafter “the instant company”) and was in charge of the management of sales helpers, the supply of samples, and the management of education at the large-scale retail outlet where the cost of living was occupied, and the company was also in attendance daily at work, and the company was compensated for expenses such as travel equipment, business expenses, and sales contribution.
Considering this point, G is a worker under the Labor Standards Act since it provided labor to the company in the subordinate relationship with the purpose of wage.
Therefore, the judgment of the court below is erroneous in misconception of facts and misapprehension of legal principles.
2. Determination
(a) The term “worker” as provided in Article 2 (1) 1 of the Labor Standards Act means a person who provides labor to a business or workplace for the purpose of wages regardless of the type of occupation, and whether it falls under it shall be determined according to whether an employer has provided labor in a subordinate relationship with the purpose
(see, e.g., Supreme Court Decision 2012Do6537, Sept. 26, 2013).
Examining the following facts based on the evidence duly admitted and investigated by the court below in light of the various circumstances revealed by the court below, it is difficult to recognize that G provided labor in a subordinate relationship with the company of this case only with the evidence submitted by the prosecutor, and there is no other evidence to acknowledge otherwise.
Therefore, the judgment of the court below is just, and the prosecutor's assertion is without merit.
1 G was engaged in the management, supply of samples, education management, etc. at the large retailer where G was located at the prices of physiological, but was not always engaged in the business of the instant company. However, the sales of the instant company upon the request of the instant company to help the shortage of human resources, and upon receipt of the request from the company.