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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. It is as shown in the facts constituting the crime attached to the indictment (Provided, That “suspect” is referred to as “Defendant”).
2. Determination that the Defendant was not an employee B’s employer
The argument is asserted.
In full view of the witness C’s legal statement and evidence submission Nos. 1, 2, and 5, the business owner of D was C.
If so, the defendant was a person in charge of business management or a person who acts on behalf of a business owner on matters concerning workers.
Witness
C According to C’s legal statement, petition, and authentic statement protocol, the Defendant, as a general director in charge, managed the situation of workers’ withdrawal from the factory of D Co., Ltd., in good faith, but did not manage personnel.
The defendant reported to C on the employment and wage determination of workers, and C made a final decision.
B was introduced as the father-friendly father of C in accordance with C's instructions, and consulted with C on the conclusion of labor contracts, payment of wages, etc.
C was subject to the suspension of indictment on April 24, 2018 on the ground that C did not pay 372,030 won of wages to B.
B entered the name of the defendant as the respondent in the first written petition, but B stated that C actually operated D by making the petitioner's statement instead of B, B, and did not make any statement against the defendant.
Comprehensively taking account of the above facts of recognition, the defendant was delegated by the business owner C with a certain portion of the management of D Factory, but was not delegated with comprehensive delegation, and the business owner was finally decided on the working conditions, etc.
Therefore, the evidence submitted by the witness C, such as the legal statement and the written petition, alone, was a person who represents or act for the public with the comprehensive delegation of all or part of the business operation by C, or the employee's personnel, wages, welfare, labor management, etc.