The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles)

(b) Evidence adopted by the first instance court is inadmissible as the defendant did not consent or denies.

B. A position as a registration director of E is not a formal and nominal position, but a practical and practical process of delegation affairs has been conducted by E, so there is no employee status under the Labor Standards Act.

(c)

E is not eligible to receive overtime work allowances, and even if it is eligible, it is included in the annual salary and has already been paid.

In the case of the unused allowance for the annual month, six days was calculated by mistake, and since the weekly holiday work and night work are included in normal work, E is not a person eligible for the annual leave allowance but the remaining amount after deducting it was already included in the annual salary, and the retirement allowance was already paid.

(d)

Even if the employee status of E is recognized, the defendant did not recognize E as a worker since he was listed as a registration director of the registration director of the Dispute Resolution D in 2003, so there was no illegality or intention of violation of the Labor Standards Act.

2. Determination

A. The evidence presented by the first instance court as evidence of guilt on the admissibility of evidence is that even if all the defendant consented to the defendant's rejection, the authenticity of establishment is recognized by the original statement or the defendant consented to the admissibility of evidence and legitimately adopted and investigated.

Therefore, the defendant's argument cannot be accepted.

B. According to the argument of this case as to whether E is a worker under the Labor Standards Act, the first instance court and the evidence duly adopted and examined by this court as to the amount of allowances and retirement allowances, in civil litigation concerning allowances and retirement allowances between D and E, E constitutes workers under the Labor Standards Act, and 5,656,061 won, and other extended working allowances to be paid by E are 12.