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(영문) 광주지방법원 2020.12.23 2020노2337

근로기준법위반등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) Defendant B and High School (hereinafter “BJ”)

(2) The Defendant, with the consent of the faculty and staff, reduced the amount of KRW 1,00,00,000 from the salary until the financial difficulties have been resolved. As the number of faculty and staff were obtained in relation to the reduction of the salary and the financial difficulties have not been resolved, the crime of violating the Labor Standards Act is not established. Although the Defendant did not pay the school allowance and job grade allowance, not the wage, but the Defendant paid it at will, and thus, did not constitute the crime of violating the Labor Standards Act even if the Defendant did not pay it. (2) The Defendant, a public prosecutor, by taking over the Incorporated Foundation C (hereinafter “C”) and the HJ high school operated by the said C (hereinafter “H high school”), changed C to B (hereinafter “B”), while substantially operating C and H high school, was changed to B (hereinafter “B”). Since he was employed not only one of the teachers, staff and staff members of H high class school, it can be deemed as the employer of H high class teachers and staff.

Therefore, even though the Defendant has a duty to pay the wages and retirement allowances not paid in HJ, the lower court judged otherwise and acquitted the Defendant. In so determining, the lower court erred by misapprehending the legal doctrine or erroneous determination.

B. The lower court’s sentence of unreasonable sentencing (a fine of eight million won) is too uneased and unreasonable.

2. Judgment on the defendant's assertion

A. E, J, K, L, and M (hereinafter “E, etc.”) failed to receive 100,000 won per month out of the amount of salary from August 2016 to October of the same year, as the lower court appropriately explained, and there is no evidence to deem that E, etc. consented to the reduction of salary. Even if E, etc. consented to the reduction of salary, the period of deferment shall be the period during which the said faculty members worked in B.

참조조문