근로기준법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. According to each evidence submitted by the prosecutor, even though the defendant is sufficiently recognized as an actual manager of the instant friendship, the judgment of the court below which judged the defendant as an investor and acquitted the defendant, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is an employer who operates 'D Coina' (hereinafter referred to as 'D Coina') using three full-time workers at Ansan-si Group C, Ansan-si.
1) When concluding an employment contract, an employer who violates the duty to specify working conditions must clearly state the wages, prescribed working hours, holidays, annual paid leave, etc. to the employee and deliver a written statement specifying the matters to the employee. Nevertheless, the Defendant did not state wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leave under Article 60 of the same Act, and other working conditions prescribed in Article 8 of the Enforcement Decree of the same Act when concluding an employment contract with the E employed in the said workplace. (ii) The Defendant who has paid wages in arrears at the said workplace did not pay 860,560 won for July 1, 201, to E employed in the said workplace from June 1, 2010 to September 15, 2010, wages of 860,430,280 won for August 1, 20, wages of 715,140 won for September 7, 209, and wages of 3,005,980 won for each party.
B. The lower court found the Defendant not guilty on the ground that the Defendant was in the status of an investor for the same reasons as indicated in the judgment, and it was difficult to view the Defendant as the actual manager of the instant friendship.
C. However, considering the following circumstances that can be acknowledged by each evidence duly adopted and investigated by the lower court and the first instance court, even if the Defendant did not participate in the operation of the instant letter even after all of the investment funds have been recovered, it shall be from June 1, 2010 to September 1, 2010. < Amended by Presidential Decree No. 22190, Sep. 1, 2010>