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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) the Defendant’s name is stated in the labor contract prepared with the instant employee; (b) the working conditions are set by the Defendant, and there was no specific consultation with the Defendant on the working conditions, such as wages, with H Co., Ltd. (hereinafter “H”); and (c) at the time of the commencement of construction, the Defendant divided the Defendant’s opinion on whether the Defendant will be responsible for construction work not exceeding KRW 100,000 on the part of H at the time of the commencement of construction; and (d) the Defendant used 4.
Since a person can be determined, the defendant is established with a violation of the Labor Standards Act, and the court below erred by mistake of the fact.
2. Determination
A. According to health and evidence as to whether the Defendant is the business owner who subcontracted the removal work from H, the fact that the Defendant prepared and used the work contract with the workers, stating the “H company G hotel removal site A” in the worker column, is recognized.
On the contrary, the defendant has consistently prepared the above working contract from the investigative agency in the position of the head of the field (H), and the above working contract is changed to be finalized after obtaining the final approval of the H representative.
The witness of the lower court, the actual operator of H, also employed the Defendant as a temporary site manager of H on the above construction, and did not subcontract the above construction to the Defendant at H, and the decision of employment and working conditions is based on the final decision of L as H operator, and H bears the testimony to the effect that H does not know whether the Defendant was directly subcontracted the above construction from C after the removal of the said construction site. As such, the Defendant’s defense counsel corresponds to that of the Defendant.
In addition, the court below's decision on the witness M of workers is made.