근로기준법위반등
The judgment below
The remainder, excluding the dismissed part among the public prosecution, shall be reversed.
The defendant shall be punished by a fine of three million won.
1. Of the facts charged in the instant case, the lower court dismissed the prosecution against the violation of the Labor Standards Act by workers C and D, and the violation of the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits Act, and sentenced all of the remainder of the facts charged, and only the Defendant appealed against the aforementioned conviction.
Therefore, since the dismissal part of the judgment below is separately confirmed, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. Summary of reasons for appeal;
A. The Defendant, at the time of the employee G’s retirement, was formally registered as the hospital head of the instant hospital. However, the Defendant was deprived of all the powers of the hospital head from the board of directors to the board of directors, and the head of the emergency countermeasures headquarters actually exercised all the powers of the hospital head. As such, the Defendant was in an employer status under the Labor Standards Act against G.
shall not be deemed to exist.
2) From the time the Defendant was appointed as the head of the hospital, the instant hospital had already accumulated a large amount of liabilities, and even though the Defendant exercised its best efforts to reduce costs, etc. after the Defendant was appointed, the Defendant was unable to pay wages, etc. inevitably due to financial difficulties, and there is a reason to deny the Defendant’s responsibility for the violation of the Labor Standards Act, etc.
B. The sentence of the lower court’s improper sentencing (one year of suspended sentence in six months of imprisonment) is too unreasonable.
3. Judgment on the misapprehension of the legal principle or mistake of facts
A. Article 109(1) and Article 36 of the Labor Standards Act are employers. Article 2(1)2 of the Labor Standards Act provides that the term “employer” refers to a business owner, a person in charge of business management, or a person who acts on behalf of a business owner with respect to matters relating to workers. Here, “person in charge of business management” refers to a person who is responsible for general business management.