(영문) 부산지방법원 2018.01.12 2017노2562 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.01.12 2017노2562

근로기준법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since a comprehensive wage contract was concluded between the misunderstanding of the facts or the misunderstanding of the legal principles and the Defendant and D, the Defendant should be deemed to have no accrued wages to D, and the comprehensive wage contract for household affairs is not recognized

Even if we consider the leave time granted to D, the amount of unpaid wages is not more than KRW 3.4 million.B. The sentence that the court below sentenced to the sentencing unfair (the penalty amount of KRW 1.5 million) is too unreasonable.

2. The defendant argued the same purport in the court below's judgment as to the misapprehension of the legal principle, and the court below rejected the above argument in detail by explaining the judgment in detail. In light of the evidence duly admitted and investigated by the court below and the court below's judgment is legitimate, and the defendant's mistake of facts or misapprehension of the legal principle is without merit.

3. Although there are favorable circumstances such as the fact that the Defendant appears not to be the business owner who conducts the overdue payment of wages in bad faith, the first offender, etc. However, the lower court appears to have determined the punishment in consideration of such favorable circumstances. There is no change in circumstances that may be newly considered after the pronouncement of the lower judgment, the fact that there is no agreement with the employee, equity in sentencing with the same and similar cases, and other circumstances that form the conditions for the sentencing in this case, including the Defendant’s age, sex, environment, family relationship, etc., it is difficult to view that the lower court’s punishment is too unreasonable.

Therefore, we do not accept the above argument of the defendant's above sentencing.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

유사 판례

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