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(영문) 대전지방법원 2018.08.22 2018노484

근로기준법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the document “related to the implementation and application of an accident-free reward,” the following persons are excluded from annual leave of absence, petition leave, employer of a labor union branch, employer of a union, or person exempt from the hours of overtime work,” and the above annual leave of absence constitutes a case where a worker wants to not suspend or work for himself/herself. As such, the term “person who does not have a substantial driving, or has failed to take part in the actual work” in this context should be construed to mean a case where a worker wants to do so by using his/her leave of absence or by using another worker’s other activities.

In that sense, F is unable to work in accordance with external and non-personal circumstances after being subject to a non-accidented traffic accident while working in Pyeongtaek on January 6, 2017. Therefore, F should be included in the person eligible for the non-accidented award.

Nevertheless, the F did not reach 22 days of actual work.

In light of the above, the court below acquitted the defendant on this part of the facts charged.

B. The sentence sentenced by the lower court to the Defendant (the suspended sentence of KRW 200,000,000) is too uneasible and unfair.

2. Determination

A. As to the assertion of mistake of facts, the lower court found the Defendant not guilty of the facts in the instant case on the grounds that it is difficult to readily conclude that the Defendant was guilty of the instant charges on the grounds that the evidence submitted by the prosecutor alone, based on its stated reasoning, did not provide the F, who did not reach the “nivers” of 22 days work in actual labor, and that it was caused by an intentional act

2) Examining the above judgment of the court below by comparing it with records, the judgment of the court below is just and it is just and it is by the prosecutor.