The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is merely a temporary management of real estate in which DJ points (hereinafter the restaurant in this case) are located, and there is no actual operator of the restaurant in this case and there is no fact that the Defendant employed the workers in this case.

The actual operator of the restaurant of this case is I.

B. The sentencing of the first instance court on the unfair sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. Under Article 2(1)2 of the Labor Standards Act, the term “employer” means a business owner, a person in charge of business management, or a person who acts on behalf of a business owner with respect to matters relating to workers. Here, 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 the business owner with comprehensive delegation from the business owner for all or part of business management (see, e.g., Supreme Court Decision 2007Do1199, Apr. 10, 2008), and a person who acts on behalf of the business owner with respect to matters relating to “worker” refers to a person who acts on behalf of the business owner with certain authority and responsibility with respect to the determination of working conditions, such as personnel affairs, wages, welfare, labor management, etc., or orders, direction, supervision, etc. of the business (see, e.g., Supreme Court Decision 2008Do5984, Oct. 9, 2008).

The following circumstances, which are acknowledged by the evidence duly adopted and examined by the Health Team, the first instance court, and the first instance court as to the instant case, i.e., the building ( underground first floor) in which the instant restaurant is located, are owned by M Co., Ltd. (hereinafter referred to as M).