The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. Summary of grounds for appeal;

A. Regarding the fact-misunderstanding of wages and retirement allowances, the Defendant only lent only the name of the representative to M who is the actual management owner of the company E (hereinafter “instant company”) and does not constitute “employer” under the Labor Standards Act and the Workers’ Retirement Benefit Guarantee Act.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the court below became unable to be maintained, on the ground that there was a necessary cause for reduction or exemption of punishment under Articles 157 and 153 of the Criminal Act by making a confession of the instant accusation at the time when the Defendant was in the trial.

On the other hand, the defendant's assertion of misunderstanding the facts about the judgment of the court below is still subject to the judgment of the court.

3. Judgment on the assertion of mistake of facts

A. Each employer is an employer who violates Article 109(1) and Article 36 of the Labor Standards Act, the Act on the Standards for Workers’ Retirement Benefits, the Act on the Standards for Workers’ Labor Standards, and Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits.

Article 2 subparagraph 2 of the Labor Standards Act defines employers as "business owners, persons in charge of business management, and other persons who act for business owners with respect to matters concerning workers," and Article 2 subparagraph 2 of the Labor Standards Act of the Guarantee of Workers' Retirement Benefits Act applies mutatis mutandis as is, Article 2 subparagraph 2 of the Labor Standards Act.

Here, the term "person in charge of business management" refers to a person who is responsible for the general management of business and represents or represents external business with the comprehensive delegation of all or part of the business management by the business owner, and the term "person who acts for or on behalf of the business owner with respect to other matters relating to workers" refers to a person who acts for or on behalf of the business owner, such as personnel affairs, wages, welfare, labor management, etc., or orders for work.