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(영문) 서울동부지방법원 2021.02.05 2020노655
근로기준법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. According to the evidence submitted by the prosecutor on the grounds of appeal, it is recognized that the defendant actually operated C Co., Ltd. at the time when E or F works.

Nevertheless, it is difficult to recognize that the defendant is the operator of C Co., Ltd. or is the employer of the above worker.

The judgment of the court below that acquitted the defendant shall be erroneous and adversely affected by the judgment.

2. According to the following facts and circumstances acknowledged by the court below's judgment and the evidence duly admitted and examined by the court below, the actual operator of the Co., Ltd. at the time E and F worked in C Co., Ltd. is the defendant.

Nevertheless, the court below rendered a not-guilty verdict on the charges of this case on different premise. The court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

Therefore, prosecutor's assertion is justified.

Around June 15, 2001, the defendant and the marble branch of the defendant were appointed as the representative director of C corporation on the corporate registry.

The defendant who served in C&C upon the death of the defendant

On April 2, 2016, G was registered as the representative director of the corporation's injury to the registration of the corporation upon the request of the 5th degree Scar G.

G, even after being registered as the representative director of the C&C corporation in the corporate registry, was paid by the Defendant while working in the construction site according to the direction of the Defendant, and if the Defendant submitted the details of the wages of the workers working at the construction site, the C&C corporation has paid the wages to the workers.

One Part C Co., Ltd. filed an application with the court for the commencement of the debtor rehabilitation procedure, and the application was registered as the representative director of the corporation's registration injury because the defendant had acquired and jointly managed the management rights of the C Co., Ltd. with theO.

The O served in the company from the beginning on behalf of the defendant, which is a bad credit standing due to the death of the defendant.

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