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(영문) 인천지방법원 2017.11.16 2017노1504
근로기준법위반등
Text

The defendant's appeal is dismissed.

The costs of lawsuit by the court below shall be borne by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is that the mistake of facts and the violation of statutes are affected by the conclusion of the judgment.

2. Reviewing the instant case based on the evidence duly adopted and examined by the court below, it is just and acceptable to find the court guilty of the instant facts charged as stated in its holding.

As the Defendant asserts, even if the representative of the labor union consented, the individual workers agreed to the consent.

It is necessary for individual workers to express their consent in the state that they should be able to see, receive sufficient information on what is disadvantageous and well understand it.

The defendant's assertion that there was a mistake or misunderstanding of legal principles that affected the judgment of the court below is not accepted.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

In addition, according to Articles 191(1), 190(1), and 186(1) main text of the Criminal Procedure Act, it is right that the defendant bears the costs of lawsuit by the court below.

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