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(영문) 대법원 2017.05.17 2017도3323
근로기준법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of crime regarding the fact that the unused annual leave allowance for X,Y, and Z among the facts charged in the instant case and the non-payment of mutual aid money for G and H due hours.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, 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 legal principles on the violation of Articles 109 and 43 of the Labor Standards Act due to non-payment of wages.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the statement of reasons for appeal.

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

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