The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant is neither the representative nor the actual operator of the D Agent Driving, and the actual operator of the said workplace is G.

Nevertheless, the judgment of the court below which judged the defendant as the actual operator of the above workplace and found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. According to Article 2(1)2 of the Labor Standards Act, the term “employer” refers to an employer, a person in charge of business management, or a person who acts on behalf of an employer with respect to matters relating to workers. The term “person in charge of business management” refers to a person who is responsible for general business management and represents or acts on behalf of an external business upon delegation of all or part of business management by an employer (see, e.g., Supreme Court Decision 2007Do1199, Apr. 10, 2008). A person who acts on behalf of an employer with respect to matters relating to “worker” refers to a person who has been given certain authority and responsibilities with respect to matters relating to the determination of working conditions, such as personnel affairs, wages, welfare, labor management, etc., or orders or supervises the business (see, e.g., Supreme Court Decision 2008Do5984, Oct. 9, 208).

B. Comprehensively taking into account the following circumstances acknowledged by the evidence duly adopted and examined by the lower court with respect to the instant case, the Defendant is a person who manages the financial situation, such as revenue and expenditure, and manages employees, wages, and other management in general, and takes part in the operation of the said workplace, and is a business owner, a person in charge of business management, and others.