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(영문) 수원지방법원 2016.01.21 2015노3980

근로기준법위반

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The defendant's appeal is dismissed.

All the costs of the trial by the original instance and the trial by the party shall be borne by the defendant.

Reasons

1. Although the Defendant, who operated the construction business based on the summary of the grounds for appeal, has been in charge of the E-related construction. However, during the above construction work, H, who is related to the part executed by H, a subcontractor, is obligated to perform the repair work. As such, H, a subcontractor, employs four victims F, etc. of this case, the unpaid wage should be borne by H, and the Defendant who did not employ the above workers is not obligated to pay it.

2. The court below rejected the above argument by stating in detail the defendant's assertion and its judgment under the title "the judgment on the defendant's assertion" in the judgment of the court below with the same assertion as the above grounds for appeal. In light of the above judgment of the court below, a thorough comparison with the records of this case, the judgment of the court below is justified, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and is dismissed in accordance with Article 191 (1), Article 190 (1), and the main sentence of Article 186 (1) of the Criminal Procedure Act on the grounds that the court below and the party's appeal are to be borne by the defendant. It is so decided as per Disposition.