The judgment below

Part of the guilty part and the not guilty part of the non-guilty part, which violates the Labor Standards Act due to non-working hours.

1. Summary of grounds for appeal;

A. Defendant 1) Since F and G (hereinafter “ complainants”) who worked as the chief secretary of the Institute of Public Announcement of Fact misunderstanding cannot be said to be a worker, Defendant is not subject to a crime of violating the Labor Standards Act.

2) The sentence sentenced by the lower court (an amount of KRW 500,000) is too unreasonable because the sentence imposed by the lower court is too unreasonable.

B. The complainants who violated the Labor Standards Act relating to the granting of non-hours on the part of the prosecutor 1) are not granted time off to guarantee free use due to the full dismissal from the Defendant’s command and supervision during the prescribed working hours.

B) The Defendant’s violation of the Labor Standards Act due to the overdue payment of wages and the violation of the Workers’ Retirement Benefit Guarantee Act recognizes the complainant’s duty to pay unpaid wages and retirement allowances, and the Defendant’s argument that the complainant does not constitute a worker cannot be said to be a ground for dispute as to the existence of the duty to pay wages. Therefore, the Defendant’s intention on the overdue payment of wages is acknowledged.

2) The above sentence imposed by the lower court against the criminal defendant is too unhued and unreasonable.

2. Determination

A. 1) Whether the Defendant’s factual mistake constitutes a worker under the Labor Standards Act of the relevant legal doctrine ought to be determined depending on whether the form of a contract is an employment contract or a delegation contract is an employment contract, or whether the substance of the relationship to provide labor is a subordinate relationship to the employer for the purpose of wages in the business or workplace.

Here, whether or not an employer has a subordinate relationship is determined by the rules of employment or service regulations, and whether or not the employer has considerable command and supervision during the performance of duties, whether or not the employer designates working hours and working places and is detained by the employer, and the employer is provided with equipment, raw materials, working tools, etc.