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(영문) 대법원 2015.10.15 2015도11027

근로기준법위반등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The gist of the grounds of appeal is as follows.

The lower court erred by misapprehending the legal doctrine on the judgment of workers in maintaining the judgment of the first instance that found H guilty of the facts charged on the premise that H is a worker without conducting necessary deliberation as to whether H is a worker.

B. Although some of the unpaid wages as stated in the facts charged have already been paid to H, the lower court erred by misapprehending the fact that it was erroneous in maintaining the first instance judgment convicting the entire amount indicated in the facts charged without conducting necessary deliberation, and by misapprehending the relevant legal doctrine.

2. Since a final appeal is an ex post facto review of the decision of the appellate court, matters not subject to an adjudication in the appellate court are not subject to the scope of the adjudication in the final appeal.

Therefore, it cannot be said that the grounds for appeal are not the grounds for appeal, except matters alleged by the defendant as the grounds for appeal in the appellate trial and matters subject to ex officio adjudication.

(3) On May 29, 2014, the Defendants merely asserted that the sentencing of the first instance court was unfair as the grounds for appeal at the lower court, and did not make any such assertion as the grounds for appeal, and the lower court did not ex officio decide on the content related to the grounds for appeal.

Therefore, the Defendants’ ground of appeal is unlawful in accordance with the aforementioned legal principles.

4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.