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(영문) 대구지방법원 2016.08.10 2015노5449
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant was appointed only as a director of the I Medical Foundation; (b) the actual right to decision or the right to manage the employees of the instant case is not a director; and (c) the Defendant was guilty of all the charges of this case, although the employees of the instant case worked in D or E as the former chief director, and the Defendant cannot be deemed as his employer. Therefore, the lower court erred by misapprehending

2. Comprehensively taking account of the evidence duly admitted and examined by the lower court, the Defendant and the Defendant’s representative director of the said I Medical Foundation (private) entered into a contract for transfer with the I Medical Foundation on February 7, 2014 to take over the management rights, assets, debts, etc. of the I Medical Foundation and to have exclusive responsibility and rights pertaining to the overall operation of the I Medical Foundation. The Defendant was commissioned as an inspector and the Director of the I Medical Foundation’s assets, debts, accounts, etc. as the above I Medical Foundation’s assets, accounts, etc., the Defendant was appointed as a director of the I Medical Foundation on February 17, 2014; F was appointed as the representative director of the I Medical Foundation on the same day; the Defendant and F were to take charge of the I Medical Foundation’s overall operation of the I Medical Foundation; the Defendant and F was to separately enter into such agreement; the Defendant and F was to separately enter into a contract for the operation of the I Medical Foundation and the Medical Center’s overall operation of the II Medical Center; the Defendant and C Medical Association’s overall operation of the Medical Center.

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