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(영문) 대전지방법원 2013.07.04 2012노2071

근로기준법위반

Text

All convictions in the judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant above.

Reasons

1. The first instance court's judgment dismissing the public prosecution against the violation of the Labor Standards Act as to the violation of the Labor Standards Act against H, I, J, K, M, M, N, P, Q, Q, R, T, U, V, W, X, Y, Z, AA, AB, AC, AD, AD, AE, AE, and the second instance court dismissed the public prosecution against the violation of the Labor Standards Act on the grounds that the above victims expressed their intention not to punish the violation of the Labor Standards Act, and sentenced the defendant guilty against the remaining violation of the Labor Standards Act. The second instance court dismissed the public prosecution against the violation of the Labor Standards Act against B among the facts charged, and sentenced the defendant guilty against the violation of the Labor Standards Act. Since the part of the judgment below's dismissal of prosecution against each of the defendant's appeal against each of the guilty parts of the judgment below was already finalized, the scope of the judgment of this court is limited to each of the conviction parts of the judgment below.

2. Summary of grounds for appeal;

A. The sentence of 2,00,000 won sentenced by the lower court on the first lower judgment is too unreasonable.

B. On the second judgment of the court below, the defendant, after agreement with the nine workers' representative B at the court below, submitted all agreements with the said nine workers. In addition, although the above nine workers submitted a copy of the certificate of personal seal impression separately, the court below did not recognize it and found all the facts charged against the remaining eight workers guilty, which erred by misapprehending the legal principles, or by misapprehending the legal principles, which affected the conclusion of the judgment. 2) The punishment of fines of KRW 1,500,000 sentenced by the court below of unfair sentencing is too unreasonable.

3. Determination

A. Prior to the judgment on the grounds for appeal ex officio, this Court, a case of appeal against the judgment of the court of first instance, was examined ex officio, and this Court, a case of appeal against the judgment of the court of second instance, and a case of appeal against the judgment of the court of second instance.

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