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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles 1) E retired while working in D, a stock company operated by the Defendant, was at the same time a registered director, and was holding 10% of the company’s shares until after retirement, and is not a worker subject to the Labor Standards Act.
2) The FF and G agreed on the payment of wages in arrears and retirement allowances in one year after retirement.
B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.
2. Determination
A. Determination of misunderstanding of facts or misapprehension of the legal doctrine as to whether a worker is a worker subject to the Labor Standards Act for Workers E, regardless of the form of a contract, shall be determined based on whether the worker provided labor in a subordinate relationship with the employer for the purpose of wages. Thus, if a company’s position or name, such as directors or auditors, is formally and nominal, and in fact, a certain amount of work under the direction and supervision of a representative director or user, who has a right to work daily and has a right to work daily, or a certain amount of work is paid in return for the provision of labor, or a certain amount of work under the direction and supervision of the representative director, etc., in addition to handling the work delegated by the company, such officer constitutes a worker under
According to the records, E is deemed to have taken the position of internal director of D Co., Ltd. on November 5, 2013 and participated in the management of the company, such as investment in the company or acquisition of stocks, although it is recognized that it was registered on December 5, 2013.
It is difficult to find the circumstances to view, and according to the evidence duly adopted and examined by the court below, E appears to have been performing duties upon receiving specific work instructions from the defendant.
Therefore, E is authorized to perform the company's business by delegation of certain business affairs.