근로기준법위반등
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal was that the Defendant acquired C by transfer to G, and around May 6, 2016, at the time of acquiring a corporation by being transferred facilities, such as C, Sari, and conducting temporary management for a period of three months. However, G’s deception, nonperformance of obligations, etc. was rescinded.
Therefore, it cannot be deemed that the Defendant is liable for the payment of wages and retirement allowances to the instant workers.
2. The court below rejected the above assertion and its decision in detail on the grounds that the defendant and the defense counsel asserted the same purport as the grounds for appeal of this case in the court below, under the title "the judgment of the defendant and the defense counsel's assertion" of the court below.
According to the evidence duly adopted and examined by the court below and the court below, the above fact-finding and judgment of the court below are justified.
Even if the defendant, not again transferred C to G, but canceled the transfer contract, it is reasonable to view that it does not affect the establishment of the crime of violation of the Labor Standards Act and the crime of violation of the Guarantee of Workers' Retirement Benefits Act, which already led to the acceptance
Therefore, the judgment of the court below did not err by mistake of facts or by misapprehending legal principles as pointed out by the defendant.
3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.