(영문) 창원지방법원 2018.11.08 2018노349 | 리걸엔진

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(영문) 창원지방법원 2018.11.08 2018노349

근로기준법위반등

Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) In the civil case (the Changwon District Court 2016Ga group 15580) between the employees in the last 1, 3, 9, 13, and 14 of the list of crimes attached to the judgment of the court below, each of the employees in the second 1, 3, 9, 13, and 14 of the list of crimes attached to the judgment of the court below, and the E Co., Ltd. operated by the defendant (hereinafter “E”), the decision was made in lieu of conciliation to the effect that the above employee would not want to be punished against the Defendant upon receiving the full payment of the wages set forth in the decision in lieu of conciliation. In the civil case (the Changwon District Court 2016Ga group 15580), the above workers in the second 2, and 6 again, the above workers in the second 2, and the related civil case (the Changwon District Court 2016Ga group 14604) shall be deemed to have been punished by the above workers in each of E.

2) As asserted L on the attached list 2 of the judgment of the court below is agreed on behalf of each worker in the attached list 2 of the crime sight table of the court below, it shall be deemed that all of the workers in the attached list 2 of the crime sight table of the court below, including L, has withdrawn their intent to punish the defendant.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Of the facts charged in this case, the judgment of the court below dismissed the prosecution as to the violation of the Labor Standards Act by each worker at least nine times a year in the crime sight table 1, 4, 5, 7, 8, 10, and 11, and the violation of the Labor Standards Act by workers at least nine times a year in the crime sight table 2 of the judgment below, and the violation of the Workers' Retirement Benefit Security Act, and the judgment of the court below convicted the remainder of the facts charged, and the defendant erred in the misapprehension of legal principles, and erred in the judgment below

유사 판례

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