(영문) 서울북부지방법원 2019.01.10 2018노1676

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2019.01.10 2018노1676

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is only one person who works together in the field of mistake of facts and misapprehension of legal principles, but is not in the position of the employer.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and erroneous.

B. The lower court’s sentence of unreasonable sentencing (fine 10 million won) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts and misapprehension of legal principles, namely, the O (Representative of the P company), Q, and S (T company’s subcontractor) stated that both the Defendant and the subcontractor were in a construction contract relationship (the fact that theO confirmed the origin and written a written confirmation of completion payment), and the Defendant concluded a contract for a verbal construction with a contractor or subcontractor, and was delegated by workers to receive labor cost from the contractor or subcontractor, and the Defendant received labor cost for the re-subcontracted construction work from the contractor or subcontractor, it can be sufficiently recognized that the Defendant was an employer who ordinarily employed workers to run the construction business.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

B. Although there are some circumstances to consider the allegation of unfair sentencing, including that there is disagreement between the Defendant and the contractor or the subcontractor on the unpaid construction cost, the lower court’s punishment is too unreasonable in light of the following: (a) the Defendant had been punished for the same kind of crime even before the instant crime was committed; and (b) the Defendant has not been paid wages to the employees up to now; and (c) the Defendant’s environment, the background of the instant crime, and the circumstances before and after the instant crime was committed.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. Conclusion.

유사 판례

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