The meaning of Article 8 of the former Labor Standards Act that "no benefit shall be acquired as an intermediary unless otherwise provided by law" means that "no benefit shall be acquired."

Article 8 of the former Labor Standards Act (amended by Act No. 8372 of April 11, 2007) (see current Article 9)

Defendant

Prosecutor

Ulsan District Court Decision 2006No157 decided April 6, 2007

The appeal is dismissed.

We examine the grounds of appeal.

1. In light of the records, the court below is just in finding the defendant not guilty of the facts charged, on the ground that it is difficult to readily conclude that the evidence submitted by the prosecutor alone was involved in the employment of "for-profit" Kim Jin.

The gist of the grounds of appeal on this point is that the court below erred in the judgment of the court below on the premise of facts different from the facts acknowledged by the court below, and it cannot be accepted.

2. Article 8 of the former Labor Standards Act (amended by Act No. 8372 of Apr. 11, 2007) provides that "no person shall intervene in, or gain profit from, another person's employment for profit, unless otherwise provided by the Act." Here, "no person shall gain profit as an intermediary unless otherwise provided by the Act" means "no person shall obtain profit as an intermediary in, during the existence of an employment relationship between an employer and an employee, unless otherwise provided by the Act." Thus, the defendant's act as stated in its reasoning cannot be deemed as falling under the above.

The argument in the grounds of appeal premised on a different position is without merit to examine further.

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

Justices Shin Hyun-chul (Presiding Justice)