근로기준법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (misunderstanding of facts) is sufficiently recognized based on evidence submitted by the prosecutor that the Defendant acquired the above business from the J of the actual representative of the “G” (hereinafter “instant enterprise”) on May 9, 2013 by transfer of the above business and actually operated the business, the lower court acquitted the Defendant of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine.
2. Determination
A. The summary of the facts charged is that C in the indictment is deemed to be a clerical error, and I correct it;
D, along with E, a user who employs 29 full-time workers on the 3rd floor of Bupyeong-gu Incheon Bupyeong-gu, Incheon and jointly operates the instant enterprise.
The Defendant, in collusion with I, D, and E, worked for the period from February 14, 2013 to June 12, 2013, and did not pay 72,092,120 won in total of 20 workers, including 1,50,000 won in May 2013 of retired workers H, within 14 days from the date of retirement without any agreement on the extension of payment date between the parties concerned.
B. (1) Article 2 (1) 2 of the Labor Standards Act provides that "employer" refers to a business owner, a person in charge of business management, or any other person who acts on behalf of a business owner with respect to matters relating to workers, and the term "person in charge of business management" refers to a person who represents or acts on behalf of a business owner with a comprehensive delegation from the business owner for all or part of the business management, and "a person who acts on behalf of a business owner with respect to other matters relating to workers" refers to a person who is given certain authority and responsibility from the business owner with respect to the determination of labor conditions, such as workers' personnel, wages, welfare, and labor management, or orders, direction, or supervision of the business (see Supreme Court Decision 2005Do8364, May 11, 2006, etc.).