The defendant's appeal is dismissed.

1. The summary of the grounds for appeal does not constitute an employer who is obligated to pay wages or retirement allowances to E and I.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, on the ground that the defendant was guilty of the facts charged on the ground that he was "business operator or a person who acts on behalf of the business owner with respect to the matters regarding employees" and constitutes "employer" under

2. The term "employer" under the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act means an employer, a business management manager, or a person who acts on behalf of an employer in respect of matters relating to workers;

(1) In light of the following facts and circumstances acknowledged by the lower court and the first instance court’s duly admitted and investigated evidence, the Defendant can be recognized as having the status of “person in charge of business management” or “a person who acts on behalf of an employer in relation to matters regarding workers” under the Labor Standards Act, and deemed as having the status of “employer” under the Labor Standards Act.

① On October 17, 1995, E became a representative of the Defendant and became a member of the Dispute Settlement Council (hereinafter referred to as the “J”), and I became a member of the said company around 2007.

With the closure of the J around April 2008, E and I changed its affiliation to the Dispute Resolution Co., Ltd. (hereinafter referred to as the “G”), but still became together with the Defendant, and there was no change in the direction and supervision relationship between the Defendant, E and I.

② After the J’s closure, the Defendant was transferred to G as the site manager, but in fact, the Defendant received 80-90% of the construction cost received from G and performed the contracted construction work received from G.

(3) A person who employs himself/herself at the court of the original instance and instructs him/her to work or manages his/her probation, shall be the defendant, and the annual salary negotiation shall also be conducted with the defendant.