근로기준법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles) The Defendant is not an employer under the Labor Standards Act.
2) The Defendant did not have employed H, and even if H was a Defendant’s employee, at least H was a free franchise food.
In June 2014, the ordinary wages must be excluded from the details of overdue wages.
B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the prosecutor examined ex officio prior to the judgment on the facts charged, and the "total amount of 28,500,000 won in arrears with two workers, such as the daily table of crimes listed in the attached Table," among the facts charged by the prosecutor, "The total amount of 25,00,000 won in arrears with two workers, such as the daily table of crimes listed in the attached Table, shall be applied for changes in the indictment with the contents of changing the list of crimes listed in the attached Table to the judgment, and the judgment of the court below shall no longer be maintained as it was changed by the permission of this court.
However, notwithstanding the above reasons for reversal ex officio, the defendant's assertion of misunderstanding of facts and legal principles is still subject to the judgment of this court, and this is examined. However, since the facts charged were modified at the time of the trial above, it is intended to determine the legitimacy of the defendant's assertion of misunderstanding of facts based on the modified facts charged.
3. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles
A. Determination 1 on the assertion that the defendant is not an employer under the Labor Standards Act) An employer under the Labor Standards Act relating to the payment of wages, etc. is a business owner, a person in charge of business management, or any other person who acts on behalf of the business owner (Article 2 subparagraph 2 of the Labor Standards Act), and a person in charge of business management is a person who is responsible for the general management of the business and is delegated a comprehensive delegation from the business owner for all or part of the business.