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(영문) 대법원 2016.05.12 2016도3780

근로기준법위반등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for Defendant A’s appeal, only in a case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been pronounced, an appeal for the reason of sentencing is permitted, and thus, the allegation that the amount of punishment is unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court’s determination that Defendant B was guilty on the grounds indicated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the rules of logic and experience, and exceeding the bounds of free evaluation of evidence, or by misapprehending the legal doctrine on the standard law of labor standards and the concept of employer under the Guarantee of Workers’ Benefits Act.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.