The defendant's appeal is dismissed.

1. Summary of the grounds for appeal;

A. The Defendant is merely a nominal name holder under the labor contract entered into with H, and the actual user is the council of occupants’ representatives of the instant G apartment.

B. In this case, there is a ground for dispute as to the existence of the obligation to pay wages, etc., and there is considerable reason for the defendant to not pay wages, etc., and there is no intention to commit the violation of the Labor Standards Act

2. Determination

A. In light of the following circumstances, it is reasonable to view the Defendant as an employer under the Labor Standards Act or the Minimum Wage Act, in view of the evidence duly adopted and examined by the lower court.

1) The Defendant’s representative director is F Co., Ltd. (hereinafter “F”).

) and G apartment (hereinafter “instant apartment”)

(3) The council of occupants' representatives entered into an entrustment contract on the instant apartment management affairs between the council of occupants' representatives. Considering the relevant part of the contract contents, the council of occupants' representatives is responsible for the duties as the managing body of apartment buildings under the Housing Act-related Acts and subordinate statutes (Article 2(1)); the council of occupants' representatives is responsible for auditing the above duties (Article 14); the council of occupants' representatives is responsible for placing human resources (Article 3(1)); the management organization’s personnel (Article 3(1); the management organization’s personnel); the management organization’s placement and filling vacancies (Article 5); (3) the head of the management office shall impose and collect management expenses; (4) the business plan and budget bill are formulated every year to obtain approval from the council of occupants’ representatives; and (4) the F’s employee is liable for employers if the council of occupants’ representatives unfairly interferes with the performance of duties, such as personnel management of F and labor management (Article 9(2)).

In other words, the appointment and dismissal of the management staff, labor management, wage payment, etc.