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(영문) 광주지방법원 2015.04.30 2014노2153

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, the owner of the building, was awarded a contract from I, the owner of the building, for the new construction of the housing located in the Nam-gun C (hereinafter “instant construction”). According to the written estimate for the instant construction work, the Defendant agreed to the indoor interior interior interior decoration and decoration.

However, since I and the J, the head of the site, employed victims without the defendant and without the law, and executed the interior interior interior interior interior saccine, the defendant does not constitute an employer under the Labor Standards Act because there was no fact that the defendant concluded an employment contract with the victims.

B. The lower court’s sentence of unreasonable sentencing (fine 1,00,000) is too unreasonable.

2. Determination

A. The Defendant constitutes an employer who employs victims under the Labor Standards Act in full view of the following facts recognized by the lower court as erroneous determination of facts and the evidence duly adopted and examined by the appellate court, and each of the circumstances inferred therefrom.

① The victim D made a statement in the investigative agency and the court below that “the victim was the victim as a head of the instant construction site in compliance with the direction of the J, which is the field director, but did not receive wages” (the fifth and third trial records of the court below).

② A witness I made a statement to the effect that “The instant construction contract had an interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior scamscams,” and the witness J made a statement to the effect that “the Defendant and I agreed to perform the oral interior interior interior interior interior interior interior interior scamscamscams,” and the witness J made a statement to the effect that “the Defendant and I agreed to perform the said indoor interior interior interior interior interior scamscamscamscamscams,” the said witness’s statement is credibility in light of the difference between their statements, and the Defendant agreed to perform the said indoor interior scamscamscamscams, different from the written estimate for the instant construction project.”

(3) A witness.

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