The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant organized a partnership relationship with D and concluded a labor contract from around June 2012, and accordingly, the lower court acquitted the Defendant of the facts charged in the instant case on a different premise. In so determining, the lower court erred by misapprehending the legal doctrine.

2. In determining whether a worker is a worker under the Labor Standards Act, whether the contract is an employment contract under the Civil Act or a contract for work, regardless of the form of the contract, must be determined depending on whether the worker provided labor to the employer in a subordinate relationship with the employer for the purpose of wages.

In determining whether a dependent relationship exists, the contents of duties shall be determined by an employer, subject to rules of employment, service regulations, personnel regulations, etc., and shall be specifically and directly directed and supervised by an employer in the course of performing duties, whether the employer is designated as working hours and places and is detained by the employer, whether the worker himself/herself is replaced by his/her duties, whether the remuneration has the characteristics of work itself, whether the wage has a basic wage or fixed wage, whether the wage has the characteristics of work itself, and whether the wage has a withholding tax on wage and salary income, matters concerning remuneration, such as the continuity and degree of the relationship of work provided, whether the status of an employee is recognized pursuant to other Acts and subordinate statutes, such as Acts and subordinate statutes on social security system, and the economic and social conditions of the Parties shall be comprehensively considered.

(see, e.g., Supreme Court Decisions 2011Do9077, Nov. 15, 2012; 2001Do2778, Aug. 21, 2001). Based on the foregoing legal doctrine, the lower court is legitimate in addition to the health care unit as well as the circumstances appropriately mentioned by the lower court.