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(영문) 수원지방법원 2019.06.21 2018노8188
근로기준법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant A is a worker who has entered into an employment contract with D Co., Ltd., and is not an employer of the workers indicated in the judgment below.

Nevertheless, the judgment of the court below that Defendant A had been subcontracted to the work of this case by Defendant D, and that Defendant B was the direct contractor of Defendant A was erroneous.

B. The sentence imposed by the lower court on Defendant B (six months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination

A. Defendant A made the same assertion in the trial of the lower court as in the case of the lower court (However, Defendant B led to the confession of all the facts charged at the lower court. Defendant B’s assertion of misunderstanding of facts in the trial of the lower court is premised on the fact that Defendant A was an employee, and thus, Defendant A’s judgment and conclusion on the assertion of misunderstanding of facts are consistent with that of Defendant A, and thus, the lower court did not render a separate judgment. Accordingly, the lower court convicted all of the facts charged in the instant case

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is justified, and the judgment below did not err by misapprehending the facts as alleged by the defendants.

B. In full view of the argument of unfair sentencing in this case and the reasons for sentencing indicated in the record, the lower court appears to have determined the punishment imposed on Defendant B, taking into account the various reasons for sentencing alleged by Defendant B, and no special circumstance exists to change the sentence imposed by the lower court to Defendant B.

3. Ultimately, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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