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(영문) 대법원 2013.10.24 2013도10131

근로기준법위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The defendant's argument in the grounds of appeal is that the court below found the defendant guilty by finding wrong facts even though the defendant did not employ workers, such as F, and that it is unlawful.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

Even if examining the reasons in light of the record, the court below cannot find out the reasons that the court below exceeded the limit of the principle of free evaluation of evidence.

Therefore, by the assent of all participating Justices, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.