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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles: F is a joint businessman who is not an employee employed by the defendant.
Even if a woman is a worker, he refused to prepare a written labor contract, and even if the defendant gave notice on June 10, 2016, 30 days prior to his dismissal, the court below found the defendant guilty, and thus, was unlawful.
B. Improper sentencing: The punishment of the lower judgment (the amount of KRW 500,000) is too heavy.
2. Determination
A. Part 1 of the misunderstanding of facts and legal principles) Whether the Defendant is a worker: (i) the Defendant designated F to work at the instant private teaching institute from 14:00 to 17:40 each day; and (ii) the F was detained by her working until 18:00 each day (Provided, That F was working until 18:00).
(2) In light of the fact that: (a) F is subject to considerable direction and supervision by the Defendant, such as setting forth teaching materials for lectures, etc. by discussing the Defendant’s study, which is the subject designated by the Defendant; (c) when the number of students increases, additional salary would not be reduced if the number of students is paid; (b) additional salary would not be reduced if the number of students decreases; (c) additional salary would be paid; (c) the nature of remuneration is the subject of work by receiving additional wage of KRW 80,000 per month; (iv) the F does not have the risk of loss and loss due to the number of students; and (v) it was impossible for F to independently operate its business on its own account, such as employing a third person and having him/her act on behalf of him/her, etc., in view of the fact that it is difficult for F to do so.
① The F paid a business income tax that is not a labor income tax, and the Defendant paid the remainder after deducting only business income tax from the source of labor income tax, ② the F did not subscribe to the so-called “fourth-party insurance” such as health insurance, national pension, employment insurance, and industrial accident insurance, and ③ the Defendant’s service and disciplinary action against instructors including F.