근로기준법위반
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal of this case cannot be seen as the rules of employment under the Labor Standards Act, and the allowances of this case are not related to the common working conditions for the entire workers of the defendant company. Furthermore, since the allowances of this case were paid under an individual labor contract between the defendant company and the individual workers rather than the rules of employment of the defendant company, the above self-help plan with the purport that the defendant abolished the above full-time allowances as long as the contract on the above full-time allowances was not modified separately from D, it was abolished.
(C) If there is a possibility to exchange opinions among the employees of the defendant company with respect to the above plan for self-help
It is difficult to see that the above self-help plan was unilaterally prepared by the defendant, and it was executed with only formal signatures from individual workers, and thus the procedure for disadvantageous changes was not complied with, and thus, it cannot be said that the above D remains effective. In full view of the above, the fact that the defendant was obligated to pay the above full-time allowance under the labor contract between the above D, even though it was not paid, can be sufficiently recognized.
Nevertheless, the court below cannot recognize that the evidence submitted by the prosecutor alone is not sufficient to recognize that the defendant is obligated to pay the above full-time allowance to D.
Based on the judgment of the court below, the defendant was acquitted, and the court below erred by misunderstanding facts and misunderstanding of legal principles.
2. Before examining the reasoning for ex officio appeal, prior to the judgment on the grounds for ex officio, the Prosecutor’s 7’s “On June 30, 2016” among the facts charged in the instant case as “ July 30, 2017,” and “on May 8, 2016, and June of the same year” as “on May 6, 2016,” and “1,200,000 won” as “1,80,000 won” and “on June 11 and July 11, 201,” respectively.