국가기술자격법위반
All appeals by the Defendants are dismissed.
The summary of the grounds for appeal is as follows: Defendant C employed Defendant B as a registered company of construction business during several years; Defendant C was unable to perform this work because it was not awarded a contract for several years; Defendant C’s monthly salary of KRW 1.2 million paid to Defendant B to Defendant B was a considerable amount of money to be deemed as a basic level of diving technician; Defendant C subscribed to Defendant C’s four-party insurance; thus, Defendant C was actually employed by Defendant C, and Defendant C did not lend a certificate of qualification as diving technician; and the lower court found Defendant C guilty of the facts charged in this case. The lower court erred by misapprehending the legal principles.
Judgment
A. The judgment of the court below is based on the evidence duly adopted and examined as follows: ① Defendant B did not have prepared a labor contract between Defendant B and C; ② did not have any instruction to work with C office or work for C; ② the amount of KRW 120,000 per month paid by Defendant B is less than a monthly wage in light of the average monthly wage of diving technicians; and the amount of KRW 1.2 million per month paid by Defendant B is less than a monthly wage; although Defendant B did not actually provide any labor, it is difficult to view it as wages having the nature of self-work; ③ the Defendants had a substantial labor relationship.
In full view of the fact that the details of purchase of the 4th insurance policy offered as evidentiary materials are insufficient to directly recognize the worker nature of Defendant B, the fact that Defendant B did not actually work in Company C and only lent the qualification certificate to Defendant A can be sufficiently recognized.
In view of the facts charged of this case, the charges of this case were convicted.
B. We examine the judgment of the court below.