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(영문) 대법원 2017.08.29 2017도4840

근로기준법위반등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the Defendant’s appeal, the lower court found the Defendant guilty of both the violation of the Labor Standards Act regarding N among the instant facts charged and the violation of the Workers’ Retirement Benefit Security Act.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court’s aforementioned determination is justifiable.

In contrast to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the transfer of workers, the probative value of the disposition document, the amount of annual paid leave allowances, and the calculation of retirement allowances.

In addition, according to the records, the Defendant appealed on the part of the first instance judgment convicting the Defendant, and asserted that the lower court did not separately decide on the aforementioned argument on the ground that the lower court did not err by misapprehending the legal doctrine on the applicable law after the lapse of the period for filing an appeal, on the grounds that the lower court’s allegation of misapprehending the aforementioned legal doctrine was made after the lapse of the period for filing an appeal, on the grounds that the lower court did not separately decide on the aforementioned argument on the ground that the lower court did not err in the misapprehension of the legal doctrine.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine on governing law is not a legitimate ground for appeal.

B. In addition, even upon examining the lower judgment, there was no error that could affect the Defendant’s conviction.

2. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that the facts charged in the instant case constitute a case where there is no proof of crime regarding the violation of the Labor Standards Act and the violation of the Workers’ Retirement Benefit Security Act among the facts charged.

The judgment below

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justifiable.

There is an error.