근로기준법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 900,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In fact, the Defendant, misunderstanding of the legal principles, is merely a major shareholder for the purpose of rehabilitation when G Co., Ltd. (hereinafter “G”) faces difficulties, and is not an employer under the Labor Standards Act, since he did not have been involved in the management of the company or in the employment and payment of wages.
In addition, the defendant did not have intention to pay the wages and retirement allowances because of the delayed payment of wages for workers due to unexpected reasons.
(2) After the expiration of the period for filing an appeal, the defendant's statement of reasons for appeal to the defense counsel shall be determined within the scope of supplement of reasons for appeal specified in the reasons for appeal, and it shall not be separately determined as to the arguments not stated in the reasons
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. Articles 109 and 36 of the Labor Standards Act provide that an employer is an employer, and Article 2 of the Labor Standards Act provides that an “employer” refers to an employer, a person in charge of business management, or a person who acts on behalf of an employer for matters relating to workers.
The term "business owner" refers to the business owner, and the term "person who acts on behalf of the business owner with respect to matters relating to workers" refers to a person who is granted specific authority and responsibility from the business owner with respect to the determination of working conditions, such as personnel affairs, wages, welfare, and labor management, or orders, direction, supervision, etc. of the business (see, e.g., Supreme Court Decisions 88Nu6924, Nov. 14, 1989; 2008Do5984, Oct. 9, 2008). In addition, even if a certain form of business is not the representative director, a person who actually runs a company as a private business has the substantial authority and responsibility for the payment of wages, and is subject to the Labor Standards Act.