근로기준법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal 1) Defendant (1) and misunderstanding the legal principles, ① Workers indicated in the list of crimes attached to the judgment below (hereinafter “workers of this case”) are not employed by D Co., Ltd. (hereinafter “D”), and the Defendant, the representative director of D, is not liable to pay wages to the workers of this case.
② From among the instant workers, H, AF, F, etc., did not work at the construction site, and thus, there is no obligation to pay wages to them.
(2) The sentence sentenced by the lower court (eight months of imprisonment, two years of suspended sentence) is too unreasonable.
2) The sentence imposed by the prosecutor by the lower court is too unhued and unreasonable.
2. 1) Determination of the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine (1) The Defendant asserted that the instant employee was not a worker employed by D, which is the same as the Defendant alleged in the lower court.
The court below rejected the assertion in detail under the title of the "decision on the argument of the defendant and his defense counsel".
Examining the lower judgment compared with the record, the fact that the instant workers were D’s workers can sufficiently be recognized.
Therefore, this part of the defendant's argument is without merit.
(2) In light of the following circumstances acknowledged by the lower court’s determination on the assertion that H, AF, and F did not work at the work site, namely, the fact that D confirmed the work site of the instant workers each day (the trial record 198 pages) and the statement of payment of labor costs reported by D and the statement of payment of daily wage and salary income (Evidence No. 28-31 page) are all the instant workers, and D, including H, AF, and F, paid wages to the instant workers as a monthly wage (Evidence No. 187 pages of evidence record) on April 2, 2015 (Evidence No. 187 pages of evidence record).