The defendant's appeal is dismissed.

1. The actual manager of D Co., Ltd. (hereinafter “instant company”) is not the defendant but I.

I was in charge of the payment of wages and the execution of funds to the employees of the company of this case, so the defendant is not liable for the failure to pay wages, retirement allowances and labor contract of this case.

2. Determination

A. The subject of a violation of Articles 109(1), 36, and 114 subparag. 1 and 17 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act is “employer”.

Article 2(1)2 of the Labor Standards Act provides that “employer” means an employer, a person in charge of business management, or any other person who acts on behalf of an employer with respect to matters relating to workers,” and Article 2(2) of the Guarantee of Workers’ Retirement Benefits Act provides that “employer” means an employer under Article 2(1)2 of the Labor Standards Act.

The term "business owner" refers to a person responsible for the management of a business, and the term "person responsible for the management of a business" means a person who represents or represents an external business with comprehensive delegation from the business owner to the whole or part of the business, and the term "person who acts on behalf of a business owner with respect to matters relating to workers" refers to a person who is given specific authority and responsibility from the business owner with respect to matters such as determination of working conditions, such as personnel affairs, wages, welfare, labor management, etc., or orders, direction, or supervision of the business.

(See Supreme Court Decision 2007Do1199 Decided April 10, 2008, and Supreme Court Decision 2008Do5984 Decided October 9, 2008, etc.) B.

In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the lower court as to the grounds for appeal by the Defendant, the Defendant.