Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

A. The Defendant is merely merely mediating the employment of the victimized workers to G Co., Ltd. (hereinafter “G”), and the employment and supervision of the victimized workers of this case was G. However, the lower court erred by determining the Defendant as the employer of the victimized workers due to misunderstanding of facts or misunderstanding of legal principles and thereby convicted the Defendant.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. 1) The lower court’s determination of facts is based on the evidence as indicated in the judgment and the following circumstances, i.e., (i) G was subcontracted from Eths Construction Co., Ltd. among the construction works located in Gangnam-gu Seoul Metropolitan Government H, and sub-subcontracted the Defendant with a contract amount of KRW 212 million among them on August 20, 2012; (ii) the Defendant is deemed to have employed the damaged workers in the instant case for the said construction work and directly carried out the said construction work; and (iii) the Defendant concluded the said construction contract to obtain the difference between the amount entered into at the time of the completion of the construction work and the contract amount when the construction work is completed within the contract amount, and the Defendant appears to be an employer under the Labor Standards Act; and even if there was a relationship between G and the Defendant, the Defendant was found guilty of the Defendant’s violation of the Labor Standards Act, regardless of the form of the contract and whether the employee was an employee under the Labor Standards Act.