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(영문) 서울중앙지방법원 2013.06.21 2013노1336
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant, as the chairperson of the Housing Redevelopment and Improvement Project Establishment Promotion Committee (hereinafter “Promotion Committee”), was engaged in the business of the residents of the redevelopment area, not the “employer” under the Labor Standards Act, since he/she did not operate the Promotion Committee.

2. The term "employer" under the Labor Standards Act refers to an employer, a person in charge of business management, or a person who acts on behalf of an employer with respect to matters relating to workers, and the term "person in charge of business management" refers to a person who takes general responsibility for business management and represents or represents an external business with a comprehensive delegation from an employer for all or part of business management. The reason why the Labor Standards Act does not limit an employer as a compliance officer for each provision of the same Act, but expands to a person in charge of business management, etc. to a labor site as a policy consideration to ensure the effectiveness of each provision of the Labor Standards Act in order to ensure the effectiveness of each provision of the Labor Standards Act. As such, a person in charge of business management is, in principle, responsible for business management, and is granted the authority to implement each provision of the Labor Standards

(Supreme Court Decision 2007Do1199 Decided April 10, 2008). The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the defendant representative of the promotion committee as the chairperson of the promotion committee; ② the defendant employed E to take charge of accounting affairs; ③ the defendant ordered E to take charge of duties in relation to the promotion committee’s duties; ③ the defendant was transferred from his account under the name of the defendant; ④ the promotion committee was operated as money supported by the maintenance company; and ④ the promotion committee was operated as money supported by the maintenance company.

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