beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. In full view of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the court below found the defendant guilty of the facts charged in this case, but there is an error of mistake of facts.
2. Determination
A. The summary of the facts charged in the instant case is an employer, who is a business operator who conducts manufacturing business, such as vessel engines, parts, etc. using two full-time workers in the name of (ju)C located in Busan Seo-gu B.
When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant works as a ship repair technician from June 12, 2017 to October 28, 2017 at the above workplace.
Withdrawn’s wages of 2,00,000 won in August 2017, September 3, 200, 9,500,000 won in total, including the wages of 10,50,000 won in October, 10, and the wages of 4,50,000,000 won in July, 201, E’s wages of 1,056,000 won in September, 2017, the wages of 1,39,950 won in September, 209, the total of 2,50,000,95,950 won in October, and F’s wages of 1,50,000, the wages of 2,50,000,000 won in September, 10, 100, 4,000 won in total, and 35,05,00 won in arrears between the parties concerned without agreement.
B. On the grounds indicated in its reasoning, the lower court determined that the evidence submitted by the prosecutor alone was insufficient to deem D, E, and F (hereinafter “three persons, including D”) as a worker of the LAC and rendered a judgment not guilty of the facts charged in this case.
C. Whether a person is a worker under the relevant legal doctrine of the Labor Standards Act, the substance of the labor provision relationship rather than the form of a contract, is an employer who is subordinate to the employer for the purpose of wages at a business or workplace.