근로기준법위반등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal under the Commercial Act (misunderstanding of facts) cannot be the standard for determining whether a person is a registered director under the Labor Standards Act. In light of various circumstances, F is a worker under the direction and supervision of the defendant, but F does not constitute a worker.
The judgment of the court of first instance is unfair.
2. The first instance court, based on detailed circumstances, proved to the extent that F is beyond reasonable doubt that F is a worker under the Labor Standards Act.
The lower court acquitted the Defendant of the instant charges on the ground that it cannot be seen.
Considering the above circumstances in the first instance trial, as alleged by the prosecutor, it is difficult to recognize that F is a worker who provides labor under the direction and supervision of the representative director, rather than performing delegated duties, even if the name or position of F is merely a formal or nominal name, or the substance of the F’s overall business is merely a certain amount of work performed, and there is no other evidence to acknowledge this differently.
Therefore, the first deliberation decision above is just and acceptable, and there is an error of misunderstanding of facts as alleged by the prosecutor.
It does not appear.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.