The defendant's appeal is dismissed.

1. On April 2016, the gist of the grounds for appeal is as follows: (a) M&A (hereinafter “M”)’s employer against the Workers C, D, E, and F (hereinafter “the instant workers”); (b) the lower court, as the representative of the Representative Meeting of Residents of the instant apartment, deemed the Defendant as the employer and found the Defendant guilty of the facts charged; (c) the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.

2. Determination

A. The summary of the facts charged in this case is that the Defendant is the president of the committee for the representatives of occupants of this case located in Busan Jin-gu, Busan, and that he was engaged in apartment management business by employing 20 full time workers.

An employer shall directly pay wages to workers in currency at least once a month on a fixed date.

However, the Defendant did not pay KRW 2,012,20 on April 27, 2016, the total of KRW 577,400 out of the wages in April 2016 of workers C, D, and E employed in the said workplace, and KRW 2,012,200 out of the wages in April 2016 of workers F.

B. The lower court determined that the Defendant, the representative of the instant occupant representative meeting, has the employer status even until the date and time indicated in the facts charged, in light of the following circumstances acknowledged by the evidence duly adopted and investigated: (a) concluded the above consignment management contract with the apartment management entity; (b) concluded a labor contract with employees, including apartment security guards, through the managing director, etc., and (c) managed the management entity, the employees of the instant case would be controlled entities; (c) however, the Defendant, the representative of the instant resident representative meeting

The decision was determined.

(1) The meeting of the representatives of occupants of this case shall be an apartment in September 2015 while managing the administrative affairs in accordance with the autonomous management method.