beta
(영문) 서울남부지방법원 2020.08.13 2019노1735

근로기준법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that F is a worker subordinate to the defendant while working in E, which was directly operated by the defendant, and thus, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. In light of the circumstances stated in its holding, the lower court acquitted the Defendant of the facts charged on the ground that it is difficult to readily conclude that there is an intention to violate the Labor Standards Act or a violation of the Guarantee of Workers' Retirement Benefits Act on the sole basis of the evidence submitted by the prosecutor to dispute whether the Defendant is

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and contrary to the prosecutor’s assertion, the court below did not err by misapprehending the legal principles, or by

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.