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The judgment below
The guilty part shall be reversed.
Defendant shall be punished by a fine of 300,000 won.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The F provided the Defendant with labor in a subordinate relationship for the purpose of earning wages
The court below found the F to be a worker under the Labor Standards Act and found the F to be guilty of the failure to provide the document clearly stating the working conditions. There is an error of misunderstanding of facts and misunderstanding of legal principles.
2) The sentence of the lower court is too unreasonable.
B. A prosecutor 1) The lower court found the Defendant not guilty of the fact that the Defendant did not pay 6 million won of wages for four months after the Defendant agreed to pay 1.5 million won per month to the victim. However, the lower court found the Defendant not guilty of the payment of wages.
2) The sentence of the lower court is too unhued and unreasonable.
2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles
A. Determination as to whether a worker is a worker under the relevant legal principles and the Labor Standards Act should be based on whether a contract form is an employment contract or a contract for employment, and in substance, whether a worker provided an employer with labor in a subordinate relationship for the purpose of wages at a business or workplace.
In addition, whether the above-mentioned subordinate relationship is determined by the employer and is subject to the rules of employment or service (personnel), and whether the employer orders and supervises the employer in the course of performing the work, whether the employer is designated working hours and working places and is bound by the employer, whether the employer is capable of carrying on his/her business on his/her own account, whether the employer is capable of carrying on his/her business on his/her own account, such as possessing raw materials, working tools, etc., or having a third party employ and act on behalf of him/her, and whether the risks such as the creation of profits and the occurrence of losses, whether the nature of the remuneration is the subject of the work itself, whether the basic salary or fixed wage has been determined, and whether the income tax is collected as source.