2015Do8556 Violation of the Guarantee of Workers' Retirement Benefits Act

A person shall be appointed.

Defendant

Law Firm (LLC) B

Attorney Lee Han-han, Justice M, Z, C, and D

Seoul Central District Court Decision 2015No355 Decided May 22, 2015

September 10, 2015

The appeal is dismissed.

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act).

For reasons indicated in its holding, the lower court determined that it is reasonable to view that H/J constitutes a worker who has provided labor to the instant private teaching institute in a subordinate relationship for the purpose of wages, and that there is no justifiable ground to believe that the instant act was not a crime, and rejected the allegation in the grounds of appeal as to mistake of facts or misapprehension of legal principles.

The allegation in the grounds of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which actually belongs to the lower court’s judgment. In addition, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “worker” under the Guarantee of Workers’ Retirement Benefits Act, intent, and mistake of law, contrary to what is alleged in the grounds of appeal.

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

Justices Kim So-young

Justices Lee In-bok

Justices Kim Yong-deok

Justices Go Young-young