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(영문) 대법원 1988. 11. 22. 선고 88도1162 판결

[근로기준법위반][공1989.1.1.(839),38]

Main Issues

Article 15 of the Labor Standards Act means the meaning of a person in charge of business management.

Summary of Judgment

The term "person in charge of business management who is obligated to pay wages to workers prescribed in Article 15 of the Labor Standards Act" means a person who is responsible for the general management of business and is delegated by the business owner for all or part of the business and represents or represents the business externally.

[Reference Provisions]

Article 15 of the Labor Standards Act

Escopics

Defendant 1 and two others

upper and high-ranking persons

Each Prosecutor

Judgment of the lower court

Seoul Criminal Court Decision 87No6626 delivered on March 2, 1988

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

According to the judgment of the court of first instance maintained by the court below, the court below held that the person who is responsible for the general business of the company under the Labor Standards Act (Article 15 of the Labor Standards Act) refers to the person who is responsible for the general business of the company and represents or represents the company externally with comprehensive delegation of all or part of the business operation by the business owner. Furthermore, in light of the records, the court below found that the defendant 1 is a production management director of the non-indicted corporation, who manufactures books and gals, etc. as a production management director of the non-indicted corporation, the defendant 2 is a business-related director, and the defendant 3 is merely a business-related director who is in charge of planning and planning as an audit and inspection office, and the above defendants cannot be a business manager who is responsible for the above company's wage payment for the above company's employees, and therefore, the defendants cannot be deemed a business manager who is responsible for the above company's wage payment, and therefore, the above judgment or finding of facts constitutes a violation of the rules of evidence by the court of first instance.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-sung (Presiding Justice)

심급 사건
-서울형사지방법원 1988.3.2.선고 87노6626
본문참조조문