근로기준법위반등
The judgment below
The guilty part shall be reversed.
The defendant shall be innocent.
The court below dismissed the prosecution on the grounds that workers B, C, D, E, F, G, H, K, K, M, M, N, P, Q, Q, S, T, U, V, X, M, Y, Z, AA, AB, AB, AC, violation of the Labor Standards Act and violation of the Workers' Retirement Benefits Guarantee Act, among the facts charged in the instant case, the court below dismissed the prosecution on the grounds that the above workers had withdrawn their wish to punish each Defendant after the prosecution, and sentenced the guilty verdict on the remainder of the violation of the Labor Standards Act, and appealed only the Defendant.
Therefore, the dismissal of prosecution that the defendant and the prosecutor did not appeal was separated and finalized as it is, and the scope of this court's judgment is limited to the guilty part of the judgment
Summary of Grounds for Appeal
misunderstanding of facts and misapprehension of legal principles with respect to AG Co., Ltd. (hereinafter referred to as "AG") and 92 workers listed in the annexed list of crimes (Provided, That this shall not include the following: 6-12, 15, 28, 29, 5-58, 61, 70, 76, 78-80, 85-87, 91, 92, 95, 97, 110, 114 above B, C, D, E, F, G, H, I, K, L, M, M, NA, P, Q, Q, T, V, X, Y, AB, AB, AC, AC, AE, AE, and AE; hereinafter referred to as "this case's worker's labor relationship"), and the defendant does not constitute a substantial employer's employee's labor relationship.
Nevertheless, the judgment of the court below which found AG as the employer of the instant workers and found the Defendant guilty of the facts charged against the instant workers on the premise that the Defendant is the representative director of AG, is erroneous in the misapprehension of legal principles as to the employer under the Labor Standards Act, which affected
The sentence of the lower court (one year of imprisonment, two years of suspended execution) against the Defendant of unreasonable sentencing is too unreasonable.
The defendant of this part of the facts charged is the representative of the "AG Co., Ltd." in Seongbuk-gu Seoul Metropolitan Government.