The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (deficiencies) is as follows: (a) the number of street keepers in some two areas in C start work for D individually, and the number of street keepers working in that area increased; (b) F sent to D by walking 20,000 won a month from the street keepers; and (c) CMerchants’ association (hereinafter “Merchants’ association”) was involved in the delivery of D by walking money from the street keepers in two areas; and (d) the Defendant is not the employee employed by the merchants’ association, and is not the Defendant.

2. Determination

A. In determining who is liable to pay wages and retirement allowances to a certain employee, the actual employment relationship should be based regardless of the form of a contract or the content of relevant laws and regulations (see, e.g., Supreme Court Decision 2010Da107071, 10708, May 24, 2012). The subject of the violation of the Minimum Wage Act, the violation of the Labor Standards Act, and the violation of the Guarantee of Workers' Retirement Benefits Act is the employer, and the term "employer" under Article 2 of the Labor Standards Act means the employer or the person in charge of business management, and other matters related to workers. The term "business owner" refers to the subject of business management, and the term "person who acts on behalf of the business owner with respect to matters related to workers" refers to a person who has been granted certain authority and responsibility from the business owner with respect to the determination of working conditions, such as personnel affairs, wages, welfare, labor management, or business orders, direction, supervision, etc.

(See Supreme Court Decision 2014Do15915 Decided June 11, 2015, and Supreme Court Decision 2005Do8364 Decided May 11, 2006, etc. (see, e.g., Supreme Court Decision 2014Do8364, Jun. 11

In other words, the defendant is the president of the merchants' association because at the time of the prosecutor's investigation, the fire-fighting path has not been properly secured at night in the three districts of "C at the time of the prosecutor's investigation."