The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)

A. misunderstanding of facts and misapprehension of legal principles, the Defendant entered into a service contract with F, and F is not a worker employed by the Defendant, even if the Defendant operated a parking lot in accordance with the service contract and received profits from the Defendant.

In addition, one F is a simple labor worker who works such as the cost of parking lots and the collection of parking expenses, and can determine a separate minimum wage without being subject to the minimum wage according to the minimum wage law and the public notice of the Minister of Labor (the minimum wage notice).

Nevertheless, the lower court found the F as an employee subject to the minimum wage and found the Defendant guilty, thereby adversely affecting the conclusion of the judgment due to misunderstanding of facts and misunderstanding of legal principles.

B. Sentencing is not unfair even if it is not.

Even if the court below's punishment (2 million won) is too unreasonable, it is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, Article 2 of the Minimum Wage Act provides that “worker”, “employer”, and “wages” refer to worker, employer, and wage as defined in Article 2 of the Labor Standards Act” (Article 2). Whether a worker is a worker under the Labor Standards Act should be determined depending on whether the form of a contract is an employment contract, rather than whether the contract is an employment contract, and whether the worker provided work in a subordinate relationship with the employer for the purpose of wages at a business or workplace.

Whether a dependent relationship as mentioned above exists shall be determined by an employer, subject to rules of employment or personnel regulations, etc., and whether an employer has considerable command and supervision in the course of performing duties, whether an employer designates working hours and working places and is detained by an employee, and a labor provider directly owns equipment, raw materials, working tools, etc. or causes a third party to perform duties on his/her behalf.