logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.09.25 2017노417
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles is not a worker of D Co., Ltd. (hereinafter “D”) operated by the Defendant, but a worker was not working in the N Hospital’s artificial extension room after May 2014. Thus, the Defendant is not obligated to pay the wages specified in the facts charged, and the Defendant is not obligated to pay the wages to E.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court and the lower court as to the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, it can be recognized that the Defendant was an employer E, who is obligated to pay wages as stated in the lower judgment, but did not pay them.

Therefore, the defendant's above assertion is without merit.

① On January 2014, the Defendant: (a) leased and operated D’s actual operator; (b) the N Hospital’s president G with the N Hospital’s artificially advanced rooms 1 and 4 floors; (c) shared the installation of a tin equipment and the cost of attracting medical professionals; and (d) entered into an entrusted operation agreement with the N Hospital with the content that the Defendant would distribute part of the profits from the artificial extension cell to the N Hospital (hereinafter “instant agreement”).

② E was paid at a fixed rate of KRW 2.5 million per month when taking charge of patient management, attracting patients, etc. in the position of the head of the N Hospital’s artificial extension room, and received piece rates in proportion to the number of patients confined. As above, the Defendant, upon taking over the operation right of the N Hospital’s artificial extension room as above, was ordered by the Defendant to work as the Defendant in writing, etc., and was paid wages from D to April 2014.

③ At the time, medical professionals working in the N Hospital artificial expansion room entered into a labor contract with N Hospital in accordance with the relevant statutes, and the fourth insurance was also subscribed to N Hospital.

However, E is a separate contract with N Hospital.

arrow