The defendant shall be innocent.

1. A person who intends to conduct fee-charging job placement services in the Republic of Korea is registered with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu having jurisdiction over the location of the principal place of business. However, around November 18, 2009, the Defendant received 65,000 won from job seeker C, a job seeker, who is a job seeker, and an extracurricular trainee, as a fee, from November 21, 201, by running fee-charging job placement services for 77 times against job seekers until November 21, 201.

2. Article 19 (1) of the Employment Security Act provides that a person who intends to conduct fee-charging job placement services in Korea shall register with the Governor of a Special Self-Governing Province, and Article 2-2 (2) of the same Act provides that "job placement" means the job seeker or job offerer by searching for job seekers or job offerers or by recruiting job seekers upon receiving an application for job offering or job seeking, and the job offerer and job offerers shall enter into an employment contract between job offerers and job seekers. In this context, the "employment contract" and "labor contract" under the Labor Standards Act are different in terms of both the "employment contract" and "labor contract" under the Labor Standards Act are based on the subordinate nature of the provision of labor, and in light of the purpose of the Employment Security Act is to promote

(See Supreme Court Decision 200Do4901 Decided April 13, 2001). In addition, the determination of whether an employee constitutes a labor contract under the Labor Standards Act ought to be based on whether an employee provides labor in a subordinate relationship with an employer for the purpose of wages in a business or workplace in substance rather than in the form of such contract, such as employment or contract for work. Whether an employee is a subordinate relationship is determined by the employer, the contents of the work are determined by the employer, and the employer is subject to the rules of employment or service regulations, and the employer is