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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, by mistake of facts or misapprehension of legal principles, issued a letter of delegation to some workers as to the part corresponding to the amount of unpaid wages, out of the claim for the construction cost to be paid from the Cos., Ltd., but at the time K, L, M, N, andO submitted to D the power of delegation stating that “I will assume civil and criminal liability, and will not raise any objection against D,” and although the power of delegation can be deemed to contain the intent of the above workers to be punished against the Defendant, the lower court guilty of the violation of the Labor Standards Act against the above workers among the facts charged in the instant case.
B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, two years of suspended execution, two years of community service, 120 hours) is too unreasonable.
2. Determination
A. According to the records of this case as to the assertion of mistake of facts or misapprehension of legal principles, the defendant's management D Co., Ltd. entered into a claim acquisition agreement with G on December 9, 2013 with respect to the claim equivalent to KRW 3.1 million of the construction cost claim against D Co., Ltd. for the Co., Ltd., Ltd., and at the time G entered into the above claim acquisition agreement with P, K, L, M, N, andO with delegation as to the above claim acquisition agreement. The above delegation agreement entered into the above claim acquisition agreement with P, K, L, M, N, andO. The above delegation states that "I will have decided by the former mandator himself as to the assignment of claims related to wages, and will have the civil and criminal responsibility for all matters arising from delegation." However, it is interpreted that K, etc. will delegate the authority related to the conclusion of the claim acquisition agreement with D, and will be charged with civil and criminal liability for all matters arising from the above delegation.