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(영문) 서울중앙지방법원 2013.05.24 2013노1019
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error, misunderstanding of legal principles) is only an individual entrepreneur who has entered into a contract or a partnership contract with the defendant due to the nature of omitted operation, and does not provide labor for the purpose of wages in the dependent relationship with the defendant.

(1) According to the records of this case, the defendant's notification of the receipt of the trial record was sent on March 28, 2013, and the defendant submitted the statement of reasons for appeal on April 23, 2013, which was 20 days after the expiration of 20 days thereafter. However, considering that the above notification was not properly delivered to the defendant as the administrator of the building that was absent from the defendant's office or employee, the defendant cannot be deemed to fall under a case where the defendant did not submit the statement of reasons for appeal within 20 days without justifiable reasons even after he received legitimate notification of the trial record).

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