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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since it was recognized that the obligation to pay retirement allowances to 13 employees, such as G in the list of crimes in the separate sheet of mistake of facts and misapprehension of legal principles (hereinafter “instant workers”) was succeeded to by the Adienna case or the Do management system of the Domina Co., Ltd. (hereinafter “the Domina”), there was no intention to violate the law.
B. The lower court’s sentence of unreasonable sentencing is too unreasonable.
2. Determination
A. In full view of the evidence duly admitted and examined by the lower court, the following facts are recognized, taking account of erroneous facts and misapprehension of legal doctrine (1).
① On December 22, 2009, the Defendant, as the representative director of D Co., Ltd. (hereinafter “D”), entered into a contract for building management and service with F Co., Ltd. F Co., Ltd. (hereinafter “F”), with the term of contract from January 1, 2010 to December 31, 201. ② The instant workers were employed by F Co., Ltd., as indicated in the “Date of Admission” column corresponding to the annexed list of crimes.
③ Around February 9, 2012, F did not renew the above service contract with D and entered into a facility service contract, cleaning and guard service contract retroactively with the non-party company as of January 1, 2012.
④ On February 9, 2012, the instant workers considered that the said service contract had not been renewed for the first time, and concluded a labor contract with the Nonparty Company retroactively as of January 1, 2012, and received wages for January from the Nonparty Company.
⑤ The instant workers submitted to D a resignation letter stating that D would resign from office on December 31, 201 (O as of January 13, 2012) around February 17, 2012, and that D would have received the said notice from D around February 20, 2012, but D could not accept the resignation of the instant workers.
Accordingly, the instant workers provided labor to D by February 29, 2012, and the said labor contract was terminated on March 19, 2012.
6. The instant workers retire on March 19, 2012.