근로기준법위반
The prosecutor's appeal is dismissed.
1. Of the instant facts charged, the lower court dismissed the public prosecution regarding violation of the Labor Standards Act with respect to E and F, and sentenced the remainder of the facts charged, and rendered a judgment of conviction or not guilty. Since only the prosecutor appealed with respect to the part of conviction and not guilty part of the lower judgment, the part dismissing the public prosecution for which the prosecutor did not appeal was dismissed was separated and finalized as it is
Therefore, the scope of this court's trial is limited to the conviction and acquittal part of the judgment below.
2. Summary of grounds for appeal;
A. Comprehensively taking account of the evidence submitted by the prosecutor of fact-finding, there was a contractual relationship with the Defendant, even though each of the labor contractual relations between the Defendant, B, C, and D was recognized.
The judgment of the court below that acquitted of this part of the facts charged on the ground that there is a lack of evidence to acknowledge is erroneous in the misapprehension of facts and affected the judgment.
B. The sentencing of the lower court’s unfair sentencing (4 million won in penalty) is deemed to be too uneasy and unfair.
3. Determination
A. The lower court found the Defendant not guilty of this part of the facts charged on the grounds stated in its reasoning.
The following circumstances revealed by the evidence duly adopted and examined by the court below in the circumstances revealed by the court below: ① the above B et al. entered the human resources office operated by the O to identify the jobs; ② E et al. entered the above B et al. and work as the construction site; and the above B et al. did not know the contractual relationship accurately; ② C et al. entered the construction site of the above B et al. upon receiving the contract from the defendant as alleged by the defendant; ② C et al. entered the construction site of the above B et al. by having the defendant receive the contract from the defendant; ③ C et al. changed the contract with the defendant and had the defendant directly employed the above B et al.
One of the arguments, the defendant, and the above B, etc. were notified and consented thereto.
shall be deemed to be.