The defendant's appeal is dismissed.

1. Although the gist of the grounds for appeal (misunderstanding of facts) is that the complainants made investments and employed as executive officers do not constitute workers under the Labor Standards Act, the lower court erred by misapprehending the facts, thereby convicted the Defendant.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the complainant may be recognized as having worked as an employee of the Defendant Company D (hereinafter “instant company”) and thus, the facts charged in the instant case is found guilty and the judgment of the court below is erroneous as alleged by the Defendant.

It does not seem that it does not appear.

Ultimately, the defendant's assertion of mistake is without merit.

A. The Defendant recognized the fact that investigative agency and the lower court acknowledged that H was employed and worked as an employee of the instant company.

B. The complainant F and G reported the Internet job offer advertisements of the instant company and provided job placement assistance. The Internet job offer advertisements include “work conditions (at least 80 million won, at least five working hours per week (day or gold), 09:30 to 18:30 on the preceding day),” etc.

(c)

The Defendant drafted a contract for employment of K and N with each annual salary employed in the same manner as the complainant G, and the content of the contract includes working place, work in charge, annual salary term, working hours and recess hours, weekly and annual paid leave, wages, and the method and time of payment of annual salary, and it seems that the same working conditions were applied to the complainant F.

(d)

Although the complainant G and F paid to the Defendant money in the name of the Defendant, the Defendant did not receive shares in the instant company, was not registered as an officer injured by the registration of the corporation, and did not exercise the authority as an executive. Therefore, the money in the name of the investment is paid.