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(영문) 대구지방법원 2019.08.13 2019노763
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding D, not as of September 8, 2017, but as of June 2017, the court below erred by misunderstanding the fact and misunderstanding the fact, even though there was no overdue wage by paying all wages up to that time.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. On July 2017, the Defendant asserted that the Defendant had the company’s official mail account after D’s occurrence of a mistake of facts. The Defendant sent and sent the work with the business partner for the purpose of concluding a direct sales contract with the business partner. In order to manage the people at the level of extending the previous business affairs, contact with the business person without the direction and supervision of the Defendant, and made a promise to attend the Seoul exhibition, and the employment contract was terminated at the end of June 2017, stating his intention of withdrawal. In addition, there was a problem that the Defendant had to settle the amount of overdue wages in the retirement pay by offsetting the German business trip to pay the overdue wages from D, or by offsetting the prestigious goods purchased in lieu of D, etc., and the amount was not clear. As such, the lower court did not have consistently determined that D’s testimony was not lawfully made until the date when the agreement on the payment of wages was reached due to disputes over the existence and scope of the obligation to pay wages, and thus, it did not have been paid from the Daegu local government’s evidence.

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