The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

provided that this ruling has become final and conclusive.

1. Of the facts charged in the instant case, the lower court sentenced workers C, D, E, F, and G to the judgment dismissing the public prosecution, and the part of the dismissal of the public prosecution was finalized due to the failure of the prosecutor to file an appeal.

Therefore, the scope of the trial of the court shall be limited to the conviction of the defendant appealed by the court below.

2. Summary of grounds for appeal;

A. K and AAA, a misunderstanding of facts, are not a worker who provided the defendant with labor in a subordinate relationship to use for the purpose of wages, but an individual entrepreneur.

Therefore, the defendant is not obliged to pay wages and retirement allowances to K and AA.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

3. Determination

A. Whether the part claiming a mistake of facts constitutes a worker under the Labor Standards Act shall be determined depending on whether the form of a contract is an employment contract or a contract for work, and whether an employee has a subordinate relationship with an employer for the purpose of wages. Whether there is a subordinate relationship as mentioned above shall be determined by the employer’s content and shall be subject to the rules of employment or service regulations, and whether the employer has a considerable direction and supervision in the course of performing the work, whether the employer is subject to designation of work hours and work place, whether the employee is bound by the employer, whether the labor provider is capable of carrying on its business on its own account, such as holding equipment, raw materials, work tools, etc. or having a third party employ and act on behalf of the employer, whether the employer has a risk, such as the creation of profit and loss, etc. by providing labor, whether the nature of remuneration is the subject of the employment contract itself, whether the basic pay or fixed wage was determined, whether the wage was withheld, and whether the employment relationship was exclusive to the employer and