Whether it is an employer under Article 15 of the Labor Standards Act where the president of a hospital operated by a corporation employs a nurse directly.

The president of a hospital operated by a school foundation is also an employee of the school foundation, but if the head of the hospital directly employs the nursing staff of the hospital, the head of the hospital is also an employer as provided in Article 15 of the Labor Standards Act.

Article 15 of the Labor Standards Act

Defendant

Attorney Lee Young-young

Busan District Court Decision 79No3745 delivered on March 28, 1980

The appeal is dismissed.

The defendant's defense counsel's grounds of appeal are examined.

The defendant, as the president of a hospital affiliated with the non-indicted educational foundation, is also in the position of the employee of the non-indicted educational foundation. However, according to the records, the nursing staff of the above hospital at issue in this case can know the fact that the defendant directly employed the defendant (see, e.g., court records 20, 21: page 39 of investigation records). At least in relation to the above nursing staff, it is clear that the defendant is the employer as prescribed in Article 15 of the Labor Standards Act, and therefore, the appeal on the premise that the defendant is not the employer cannot

In addition, the appeal is not reasonable to acknowledge that the defendant is not guilty, and this case is not a legitimate ground for appeal in which the defendant has been found guilty, where all general hospitals have been forced to work with the approval of the Administrator of the Labor Agency due to its nature, and there is no actual work with the approval of the Administrator of the Labor Agency, and it is improper to force the above approval. In addition, it is not desirable to process minor offenses in accordance with the accusation of the labor union's emotional distress, such circumstances are insufficient to recognize that the defendant is guilty.

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

Justices Kim Yong-chul (Presiding Justice)