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(영문) 전주지방법원 2016.09.02 2015노968

근로기준법위반

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles or by misapprehending the facts charged that the defendant did not pay part of the wages to the damaged workers as stated in the facts charged is subject to the resolution of the board of directors on the reduction of wages, etc., and thus, there are justifiable grounds, or even if not, in light of the overall circumstances at the time, the defendant's responsibility for the delayed payment of wages is dismissed.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. First of all, determination of misapprehension of the legal doctrine or mistake of facts on the ground that the Defendant did not pay wages, etc. as stated in the facts charged in the instant case by the resolution of the faculty and staff council of D University on June 11, 2012, the following circumstances acknowledged by the lower court and the evidence duly adopted and examined by D University on April 20, 2012, namely, ① the period for performance of management consulting programs submitted by D University to the Korea Foundation on April 20, 2012, “at least 12% reduction of total labor cost” was indicated as “at least until February 2014,” ② The Defendant received 10% reduction of labor cost from the faculty and staff from D University on the pretext of donation after March 3, 2014; ③ the Defendant was deemed to have received a refund of part of the wages under the pretext of donation from D University’s employees on the pretext of donation in the investigation agency, ④ the Defendant’s contribution to the National Assembly’s wage reduction from D University’s president’s 316.