The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles), F, G, H, and I (hereinafter “four persons, including F”) received monthly remuneration in the same form of fixed wage.

E controlled four working hours such as F, etc., and limited their working places to J University.

The field agent of E, a corporation, directed and supervised the progress of business by four persons such as F.

The fact that four persons, such as F, use personal computers, can not be viewed as the grounds for denying the nature of workers.

In full view of the above, the first instance court which found the defendant not guilty of the facts charged in the instant case, such as violation of the Labor Standards Act, even if the status of the employee is recognized to four persons such as F, etc., is erroneous in misapprehending the legal principles

2. In determining whether a worker is a worker under the Labor Standards Act, whether the contract is an employment contract under the Civil Act or a contract for work, regardless of the form of the contract, must be determined depending on whether the worker provided labor to the employer in a subordinate relationship with the employer for the purpose of wages.

In determining whether a dependent relationship exists, the contents of duties shall be determined by an employer, subject to rules of employment, service regulations, personnel regulations, etc., and in the course of performing duties, whether they are specifically and directly directed and supervised by an employer, whether they are designated working hours and places by an employer, whether they are bound by the employer, whether they are replaced by their duties, whether they are in possession of equipment, raw materials, work tools, etc., whether remuneration has the characteristic of the work itself, whether the remuneration has the nature of the work itself, whether there is a basic salary or fixed wage, whether there is a withholding tax on earned income, etc., matters concerning remuneration such as the continuity of the labor provision relationship and the exclusive relationship between the employer and the employer.