Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Attached Form

same as the entry

(except for the facts charged against workers B, C, and D) summary of the evidence

1. As to the Defendant’s employer’s legal statement’s written confirmation, resident registration copy and abstract, the current status of payment of retirement allowances, and the Defendant’s assertion on the Defendant’s assertion on the part of the witness E’s legal statement to recognize the Defendant’s factual relations, the Defendant asserts that the employees’ management and supervision of specific working conditions or other labor was conducted by the council of occupants’ representatives in the apartment complex, and that the employees’ employer was not the Defendant.

If the head of the management office, who is an agent of the apartment management company that entered into the above consignment management contract with the representative council of apartment occupants, has entered into an employment contract with the employees working in the management office, the employees are, in principle, the employees of the apartment management company.

However, there should be the following circumstances in order for the representative meeting of apartment occupants to be recognized as an employer who is obligated to pay wages to employees, who have entered into an entrustment management contract with the apartment management business operator.

(1) A labor contract that the employee entered into with the head of the management office as the other party is not a type and nominal one, and (2) the employee provides labor in a subordinate relationship to the representative meeting of occupants; and (3) The representative meeting of occupants is deemed to have an implied labor contract relationship between the management office employees and the representative meeting of occupants on the ground that there are circumstances such as the payment of wages in return, etc.

(b) participate in the recruitment and promotion of some employees beyond the scope of the supervisory authority based on the status under the consignment management agreement that the representative meeting of apartment occupants concluded with the management business entity.