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(영문) 서울중앙지방법원 2015.07.17 2015노1255
근로기준법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The lower court found each of the facts charged in the instant case guilty of violating the Labor Standards Act against the remaining workers except workers C, and acquitted the workers C on the violation of the Labor Standards Act.

Accordingly, the defendant and the prosecutor appealed only the guilty portion of the judgment below, and the above acquittal portion was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to each conviction.

2. Summary of grounds for appeal;

A. Defendant (1) In order to secure F and L’s claim, the Defendant merely registered the name of business registration as a joint representative, and the Defendant is not an employer under the Labor Standards Act, but the lower judgment that convicted the Defendant was erroneous and unreasonable.

(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (a fine of four million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

3. Determination

A. The Defendant also asserted the same assertion in the lower court as to the Defendant’s assertion of mistake, and the lower court rejected the above assertion on the grounds as indicated in its reasoning in the judgment of the lower court, and in light of the facts acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s aforementioned judgment is acceptable.

Therefore, the lower court did not err by misapprehending the facts, and the Defendant’s assertion of mistake is without merit.

B. Even if the defendant recognized that the defendant had practically operated the company as to the allegation of unfair sentencing by the defendant and the prosecutor, he denies and does not oppose his criminal act even until the reporter has avoided his obligation to pay wages, and the unpaid wages are not written in 41,462,495 won, and the defendant is the same as the defendant.

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