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(영문) 대구지방법원 2018.07.12 2017노5464

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is that the defendant entered into a contract with the victim, and does not employ the victim, and the victim does not constitute a worker under the Labor Standards Act.

2. In light of the circumstances stated in its reasoning, the lower court determined that the victim was a person who provided the Defendant with labor in a subordinate relationship and constitutes a worker under the Labor Standards Act.

The judgment below

Examining the reasoning of the lower judgment in comparison with the evidence examined by the lower court and the lower court, the lower court’s determination of facts is justifiable, and there was no error by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.