최저임금법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The Defendant is not the employer’s position.
Even if the status of the employer is recognized, the lower court calculated wages, etc. differently from the actual working hours guaranteed by excessive calculation of paid weekly holidays or autonomous paid leave hours, and cannot recognize some amount.
B. In an improper preliminary determination of sentencing, the punishment sentenced by the court below (2 million won in penalty) is too unreasonable.
2. Determination:
A. An employer under the Labor Standards Act in relation to the payment of wages, etc. as to the status of an employer is an employer or a person in charge of business management or other matters concerning workers (Article 2 subparag. 2 of the Labor Standards Act). A person in charge of business management refers to a person who is responsible for general business management and represents or represents an externally under the comprehensive delegation of all or part of business management by an employer. As such, since the Labor Standards Act does not limit an employer as a person who is not in charge of compliance with wages, etc., but extends the reason to a person in charge of business management or others to a labor site to ensure the effectiveness of each provision of the Labor Standards Act in the labor site, a person in charge of business management is, in principle, responsible for business management and has been granted the authority and responsibility to implement each provision of the Labor Standards Act in accordance with the relevant Acts and subordinate statutes, it does not necessarily mean that the Defendant has been given the authority to exercise such authority (see, e.g., Supreme Court Decision 9Do813, Nov. 1, 1997).