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(영문) 수원지방법원 2017.06.16 2016노8389
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. As to the violation of the Labor Standards Act due to failure to liquidate or pay money or valuables to H among the facts charged in the instant case, and the violation of the Labor Standards Act and the Guarantee of Retirement Benefits for Workers, the court below decided to dismiss the public prosecution against the remaining workers. However, since the Defendant appealed only the guilty part of the judgment of the court below and the rejection part of the public prosecution for which the prosecutor has not appealed is separate by the lapse of the appeal period, the court below shall decide to only the convicted part of the judgment of the court below.

2. Summary of reasons for appeal;

A. The judgment of the court below which found the defendant guilty of this part of the facts charged, which is erroneous in the misunderstanding of facts and legal principles, even though H is not an instructor or employee under the Labor Standards Act who is engaged in independent business on its own account, is erroneous in the misapprehension of facts or in the misapprehension of legal principles

B. The punishment sentenced by the lower court (an amount of four million won) is too unreasonable.

3. Determination

A. The following circumstances acknowledged by evidence duly adopted and investigated by the lower court in detail at the lower court’s judgment on the assertion of misunderstanding of facts and legal principles, namely, according to the mandatory contract on the service period from March 1, 2014 to February 28, 2015, the Defendant asserts that the Defendant is the same as that of the contract concluded with H during the service period from November 1, 2009 to August 30, 2013, the term “entrusted contract” is used. However, the Defendant may modify this contract if it is deemed inappropriate for H’s lectures, loyalty, and other matters at the expiration of the contract period (Article 8(1) of the contract), and H must comply with all the rules set forth by the Defendant (Article 10 of the contract), and the same effect as this contract is effective as this contract.

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