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(영문) 대구지방법원 2018.02.09 2017노3056
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In misunderstanding of facts and legal principles, there is no regular employee at the Defendant’s workplace, and the Defendant did so whenever it is necessary, and there is no regular employee. Therefore, the Defendant is not the employer under the Labor Standards Act, but the F is not an employee subject to the Labor Standards Act.

Therefore, the Defendant does not have a duty to pay FF medical care expenses, business suspension compensation expenses, and disability compensation expenses (hereinafter “medical care expenses, etc.”) (the summary of argument that was paid after the lapse of the submission period for the grounds for appeal shall be determined to the extent of supplement of the grounds for appeal specified in the written appeal). B. The punishment that the lower court rendered unfair sentencing (eight months and two years of imprisonment) is too unreasonable.

2. Determination

A. Fact-misunderstanding and misapprehension of the legal principles 1) Determination as to whether the number of regular workers of the head of a business is not less than one person, 1) determination as to the scope of application of the Labor Standards Act under Article 11(1) of the same Act refers not to “a business or workplace which employs not less than five regular workers,” but to “a business or workplace which employs not less than five regular workers,” and “a business or workplace employing not less than five regular workers.” In this case, the term “regular workers” refers to situations (regular situations) where the number of regular workers is less than five, and where the number of regular workers is less than five, it refers to cases where the number of regular workers is objectively determined based on social norms and is objectively determined based on social norms (see Supreme Court Decision 9Do1243, Mar. 14, 200); and the term “a business or workplace employing not more than 14 full-time workers” as defined in Article 11(2) of the Labor Standards Act applicable mutatis mutandis.

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