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(영문) 대법원 2018.10.25 2018도12713
근로기준법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court was justifiable to have convicted the Defendant of the charge (excluding the part dismissing the public prosecution) on the grounds stated in its reasoning.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine without exhausting all necessary deliberations as alleged in the grounds of appeal.

In addition, the issue of whether to resume the arguments closed by the court is the matter belonging to the court's discretion.

Therefore, the court below rejected the defendant's application for resumption of pleading after the closure of pleading.

there is an error in law.

In light of the records, the lower court did not exhaust all necessary deliberations or did not violate the principle of trial on evidence by failing to take any measures against the defendant’s motion for resumption of pleadings, as alleged in the grounds of appeal, in the litigation proceedings of the lower court. In so doing, it did not err by failing to exhaust all necessary deliberations or by violating the principle of trial on evidence, etc.

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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