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(영문) 수원지방법원 2017.11.17 2017노5778
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Of the instant facts charged, the lower court sentenced to dismissal of prosecution as to the violation of the Labor Standards Act with respect to C, D, E, F, G, and H among the charges of this case, and sentenced the remainder of the charges of this case. The Defendant appealed on the guilty part, and the dismissal part of the indictment was finalized as it is, since the Defendant and the Prosecutor did not appeal the dismissal part of the prosecution, the scope of adjudication of this court is limited to the guilty part of the lower judgment.

2. Summary of reasons for appeal;

A. Fact-misunderstanding 1) The Defendant is not obligated to pay wages to the instant workers, since it is directly obligated to pay the instant workers to the worker of the instant case, who is the original business company, the Defendant, not the Defendant.

2) Even if the Defendant is liable to pay the Defendant, the Defendant was unable to receive the payment of the work price due to the failure to receive the payment of the work price from the Dara Global, which is the prime contractor, and thus, there is a ground for exemption from liability (the Defendant’s assertion that the Defendant was unable to pay the wages due to the foregoing reason as above, is asserting the ground for exemption from liability). Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case and erred by misapprehending the facts, thereby

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

3. Determination

A. According to the evidence duly admitted and examined by the court below regarding the first argument, the defendant was awarded a subcontract for soil works and ancillary civil engineering works among the two sections of the O apartment construction works from Pakistan global. The defendant directly employed the workers of this case, and the workers of this case were the above workers.

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