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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is an individual entrepreneur who resides in Seo-gu, Incheon, Seo-gu, B301, and has employed 40 full-time workers and operated human resource support business.
The defendant from January 17, 2013 to the site of the Seoul Special Metropolitan City D Housing Construction Association.
3. E’s wage of 3.77 million won, F’s wage of 1.3 million won, G’s wage of 1.3 million won, and G’s wage of 1.310,000 won, which had been employed until 15.15, did not each be paid within 14 days from the date of retirement, which is the date on which the cause for the payment occurred
2. The Defendant’s assertion is the head of the OS team under the direction of H, and the Defendant is not obligated to pay wages to EF and G (hereinafter “instant OS participants”).
In addition, since the OS executor of this case cannot be deemed to have provided labor to the defendant in a subordinate relationship with the purpose of wages in the business or workplace, it cannot be deemed to be an employee subject to the Labor Standards Act.
3. The core of the instant case is whether the Defendant and the instant OS executor were in a labor relationship with the employer, and even based on all the evidence submitted by the prosecutor, it is insufficient to acknowledge that the Defendant and the instant OS executor had a labor contract relationship in light of the following circumstances, and there is no other evidence to acknowledge this differently.
The "employer" under Article 36 of the Labor Standards Act refers to a person who is provided with labor in a subordinate relationship with an employee for the purpose of wages. Whether a worker is a worker under the Labor Standards Act should be determined according to whether a worker provided labor in a subordinate relationship with an employer for the purpose of wages in substance, rather than whether a contract is an employment contract or a contract for employment.
B. The actual manager I of H Co., Ltd. who attends this Court is the OS team leader if the company receives shares from the company.