The appeal is dismissed.

The grounds of appeal are examined.

The finding of guilt in a criminal trial shall be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true, and if there is no such proof, even if there is any doubt of guilt against the defendant (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Furthermore, the selection of evidence and the probative value of evidence conducted as a premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds stated in its reasoning, proves that the facts charged in this case is beyond a reasonable doubt (Article 308 of the Criminal Procedure Act).

The judgment of the first instance, which found the Defendant guilty, was reversed, and sentenced not guilty.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and it is merely erroneous for the lower court’s determination of the evidence selection and probative value, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the record, the lower court did not err by misapprehending the legal doctrine regarding “worker” under the Labor Standards Act, or by exceeding the bounds of

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.