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(영문) 대법원 2014.09.04 2014도3518

노동조합및노동관계조정법위반등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the Defendant was guilty of all of the violation of the Trade Union and Labor Relations Adjustment Act and the violation of the Labor Standards Act (excluding the part that was judged not guilty) among

The court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles, as alleged in the grounds of appeal.

2. Examining the reasoning of the judgment below in light of the records, it is justifiable to reverse the judgment of the court of first instance which found the Defendant guilty on the ground that there was no proof of crime as to the violation of the Labor Standards Act due to payment of wages on July 2010 among the facts charged in the instant case against the Defendant, and to render

As alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending relevant legal principles.

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