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The judgment of the court below is reversed.
Defendant
A The fine of KRW 1.5 million is imposed on Defendant B and the fine of KRW 2 million is imposed on Defendant B.
Reasons
1. Summary of grounds for appeal;
A. The contract entered into between Defendant A and the stamped Workers is not an employment contract but only a contract.
Therefore, there is no obligation to clarify the working hours in detail when concluding a contract with the stamped workers.
Shebly, even if the above contract constitutes an employment contract, the H, delegated by Defendant A, specified the working hours at the time of signing the contract with the stamped workers.
B. The lower court’s punishment of unreasonable sentencing (a fine of three million won) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. As to the legal nature of contracts entered into by Defendant A and Sick workers, whether the form of contract is an employment contract or a contract for employment, and in substance, whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages should be determined depending on whether the employee provided labor. Whether the above subordinate relationship exists is determined by the employer’s contents of business and shall be subject to the rules of employment or the rules of service (the rules of employment) and the rules of employment or the rules of service (the rules of employment). Whether the employer designated work hours and place and is detained by the employer, whether the employer is allowed to operate the business on its own account, whether the employer was allowed to own to own equipment, raw materials, work tools, etc. or have a third party employ and act on behalf of the employer, and whether the risks, such as the creation of profits and losses, etc. through the provision of labor, whether the nature of remuneration is the subject of labor itself, whether the nature of remuneration is determined, whether the relationship with the provision of labor was continuous and its degree, and whether the status of the employee, etc. is recognized as an employee.