The judgment below

The guilty part shall be reversed.

The judgment below

The prosecutor's appeal against the acquittal portion shall be dismissed.

1. Background of the facts charged;

A. The Defendant is the representative director of E (hereinafter “E”) in a plan for the settlement of disputes.

E entered into a subcontract with G New Apartment Construction Co., Ltd. (hereinafter referred to as “F”). F Co., Ltd. (hereinafter referred to as “C”) around March 7, 2013 to enter into a contract with the F Co., Ltd. (hereinafter referred to as “F”). F Co., Ltd. (hereinafter referred to as “C”), with respect to the portion of steel-reined concrete construction work (hereinafter referred to as “the portion of steel-in reinforced concrete construction work”) among apartment construction works, the subcontract price of which is nine billion won.

(c)

On May 2, 2013, F cancelled the above subcontract and entered into a subcontract with H (hereinafter “H”) on May 2, 2013.

2. Judgment on the prosecutor's appeal

A. The gist of the grounds for appeal is that the Defendant agreed to pay the construction cost under the instant contract to C, which is the sewage level of the new apartment construction work, directly. However, the Defendant did not pay the construction cost without justifiable grounds, and C did not pay the wages to its employees.

Therefore, the judgment of the court below which acquitted the Defendant of violation of the Labor Standards Act by 161 employees of C among the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. 1) In the event that the pertinent legal doctrine project is carried out under multiple contracts, if the subcontractor fails to pay wages to the worker due to reasons attributable to the immediate recipient, the immediate upper contractor shall be jointly and severally liable with the relevant sewage supplier.

However, in a case where the reason for his/her return to a direct recipient arises due to the reason for his/her return to the upper recipient, the delivery of the upper recipient is jointly and severally liable (Article 44(1) of the Labor Standards Act). The reason for his/her return is limited to the case where the contract amount is not paid on the payment date specified in the contract without justifiable grounds (Article 24 of the Enforcement Decree of the Labor Standards Act). Criminal trials are prosecuted.