근로기준법위반
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 500,00, and a fine of KRW 1,00,000, respectively.
Summary of Grounds for Appeal
Defendant
A misunderstanding of facts or misunderstanding of legal principles is merely a formal representative director of D Co., Ltd. (hereinafter “instant company”), and does not constitute “employer” under Article 2 of the Labor Standards Act, and there are inevitable circumstances that make it impossible to pay wages to the employees of the instant company within the due date, so the responsibility should be avoided. However, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
The sentence of the lower court’s unreasonable sentencing (fine 2.5 million won) is too unreasonable.
Defendant
B misunderstanding of facts or misunderstanding of legal principles that the company employees could not pay wages to the company employees within the due date, and thus, the responsibility should be removed. However, the judgment of the court below which convicted the Defendant of the facts charged in this case is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected
The sentence of the lower court’s unreasonable sentencing (fine 2.5 million won) is too unreasonable.
Judgment
Defendant
Article 2 of the Labor Standards Act provides that “Employer” in this Act means a business owner, a person in charge of business management, or a person who acts on behalf of a business owner for matters concerning workers”.
The term "person who acts on behalf of an employer with respect to matters concerning workers" refers to a person who is granted certain authority and responsibility from an employer with respect to matters such as determination of working conditions, such as personnel affairs, wages, welfare, labor management, etc., or business orders, direction, supervision, etc.
(see, e.g., Supreme Court Decision 2008Do5984, Oct. 9, 2008). Meanwhile, a violation of Article 109(1) of the Labor Standards Act due to delayed payment of wages, etc. is subject to the payment.