The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding Defendant did not employ E but contracted the boiler installation work to E, and thus, it cannot be deemed that E is a worker under the Labor Standards Act.

B. The punishment sentenced by the lower court to the Defendant (the amount of KRW 300,000) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the court below and the evidence duly adopted and investigated by the court below, it is reasonable to view E as a worker under the Labor Standards Act in a subordinate relationship, since it is reasonable to view it as a worker under the Labor Standards Act in a subordinate relationship, regardless of the form of an employment contract, whether it is an employment contract under the Civil Act, or a contract for work, if a person provides an employer with a work in a subordinate relationship (see Supreme Court Decision 90Da20251, Jul. 26, 191, etc.).

A) On November 12, 2016 through November 16, 2016, E consistently conducted a boiler temporary work at the Defendant’s request from an investigative agency to the lower court, setting a daily amount of KRW 200,000 as KRW 20,000,000,000,000 for which November 15, 2016 was calculated as KRW 740,000,000,000 for unpaid wages under an agreement with the Defendant.

statement is made.

D Recognizing that the agent F did not pay the salary of KRW 740,000 to November 12, 2016 in telephone conversations with the labor supervisor on January 12, 2017, and that it would be paid until January 20, 2017.

The wages will be paid in full from telephone conversations on January 20, 2017 to February 3, 2017.

The second commitment was made.

B) Even based on the petition written directly prepared and submitted by the Defendant to an investigative agency on April 28, 2017, “The staff of the branch office inside the security office of the low-scar agency in the branch office of the branch office, after destroying the core electric boiler and hot water boiler of the main office in the building of the branch office, shall be replaced by this agency.