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(영문) 대법원 2019.05.30 2018도19793
근로기준법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s appeal, the Defendant did not submit the appellate brief within the submission period, and the Defendant did not state the grounds of appeal in the petition of appeal.

2. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance which found the Defendant guilty on the ground that there was no proof of a crime as to the violation of the Labor Standards Act relating to “the total of KRW 1,383,840” among the facts charged in the instant case, and acquitted the Defendant on the grounds

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not exhaust all necessary deliberations, but did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by violating the principle

On the other hand, the prosecutor appealed the guilty portion of the judgment of the court below, but there is no specific grounds for objection to the petition of appeal and the appellate brief.

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

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