근로기준법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
The gist of reasons for appeal (any statement in the document submitted after the lapse of the period for submitting the reasons for appeal shall be considered only to the extent of supplement in case of appeal).
In fact, the Defendant was not the employer for the instant workers.
C Co., Ltd. (hereinafter “C”) filed a claim for wages from March 2016 to August, 2016, even if the company was insolvent on February 2016 and the company was not in operation. However, the employees of the instant case were working for the said period.
subsection (b) of this section.
The punishment of the court below (six months of imprisonment) which is unfair in sentencing is too unreasonable.
Judgment
The Defendant alleged that the Defendant was not an employer to the instant workers in the lower court’s determination on the assertion of mistake, and the lower court determined that the Defendant constituted an employer under the Labor Standards Act with respect to the instant workers based on the circumstances set forth in its reasoning.
According to the evidence duly adopted and examined by the court below and the court of first instance, the above judgment of the court below is just and acceptable. [The witness witness of the court below stated that C was actually operated (the eight pages of the witness examination record). The witness of the court of first instance also stated that U is aware of whether the defendant was involved in the operation of C (4,5 pages of the witness examination record). The defendant's assertion of mistake in this part is without merit.
In addition, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the trial court, namely, C’s closing date of business on September 22, 2016 (the 20th page of the evidence record), the record of wage and bonus from the part of August 2016 to the part of the instant workers including the Defendant (the 44th page of the evidence record), and C’s account transaction details (the 56th page of the evidence record) printed out on November 18, 2016, entered and withdrawn money until November 1, 2016, and transferred money to F,V, W, etc. on June 1, 2016, and on October 24, 2016.