The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error) is that the Defendant only engaged in the management business to increase the sales of the above restaurant in the restaurant as stated in the facts charged, and there is no fact that the above restaurant is not the actual operator of the restaurant, nor employs workers, and the actual operator of the above restaurant is F, the owner of the building where the above restaurant is located.

Nevertheless, the judgment of the court below which judged the defendant as the actual operator of the above restaurant and found the defendant guilty of the facts charged is erroneous, which affected the conclusion of the judgment.

2. Determination

A. According to Article 2(1)2 of the Labor Standards Act, the term “employer” refers to an employer, a person in charge of business management, or a person who acts on behalf of an employer with respect to matters relating to workers. The term “person in charge of business management” refers to a person who is responsible for general business management and represents or acts on behalf of an external business upon delegation of all or part of business management by an employer (see, e.g., Supreme Court Decision 2007Do1199, Apr. 10, 2008). A person who acts on behalf of an employer with respect to matters relating to “worker” refers to a person who has been given certain authority and responsibilities with respect to matters relating to the determination of working conditions, such as personnel affairs, wages, welfare, labor management, etc., or orders or supervises the business (see, e.g., Supreme Court Decision 2008Do5984, Oct. 9, 208).

B. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the first instance court and the first instance court with respect to the instant case, the Defendant is in charge of the overall management of a restaurant as stated in the facts charged, and the financial status, such as income and expenditure, of the place of business.