The defendant's appeal is dismissed.

The accused of the grounds for appeal is not an employer under the Labor Standards Act.

Judgment

Article 109 (1) and Article 36 of the Labor Standards Act are employers, and Article 2 (1) 2 of the Labor Standards Act provides that "employer" means a business owner, a person in charge of business management, or other person who acts on behalf of a business owner for matters concerning workers.

Here, the term "person in charge of business management" means a person who is responsible for general business management and represents or acts externally for the whole or a part of the business (see, e.g., Supreme Court Decision 97Do813, Nov. 11, 1997). The term "person who acts for the business owner with respect to other matters relating to workers" refers to a person who is given certain authority and responsibility from the business owner with respect to the decision of labor conditions, such as personnel affairs, wages, welfare, labor management, or orders or directions for business (see, e.g., Supreme Court Decision 88Nu6924, Nov. 14, 1989). Since the court below duly adopted and examined evidence revealed by the court below, D, the chief executive officer of the F (hereinafter referred to as "non-party company"), who is the representative director of the G police, should prepare a list of evidence proving that the defendant was unable to pay wages to the non-party 2 within 14th, 2014.

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