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(영문) 춘천지방법원 강릉지원 2020.04.23 2019노399

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (the factual error and inappropriate sentencing)

A. Error 1) D argues that his career experience was falsely exaggerated in the course of being employed at the Defendant’s workplace, and the Defendant was subjected to deception and entered into an employment contract, which may be cancelled. 2) The Defendant was employed with a four-day probation period and dismissed D within the probation period. As such, the Defendant does not have the obligation to pay the pre-determination allowance for dismissal.

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

2. Determination

A. As to the assertion of mistake of facts, the Defendant also argued in the lower court. According to the evidence, it is insufficient to view that D had engaged in deception as alleged by the Defendant in entering the Defendant’s workplace, and that D had engaged in the same act of deception from June 12, 2018.

7. In full view of the fact that the defendant worked in the defendant's place of business for 21 days until July 2, 2018, the defendant immediately dismissed D on July 2, 2018, stating that "the defendant is retired from office after receiving benefits by putting his/her draft," and the defendant paid D 2,450,000 won, daily wage of 21 days, to D, the same year after the defendant entered into an employment contract with D on June 12, 2018.

7.2. The dismissal of the Defendant was recognized, and the Defendant’s assertion was rejected.

Even if the evidence duly adopted and examined by the court below is examined in light of the records, it is insufficient to view that D had entered the Defendant’s workplace by deception against the Defendant, and the Defendant itself also recognized that D and labor contract was prepared on June 12, 2018. However, if D were to have employed for a fixed period of four days, it seems that D did not have any reason for preparing the above labor contract on the day when D were found in the Defendant’s workplace, and the above labor contract is written.