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(영문) 대법원 2019.08.09 2019도7685
근로기준법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the part of violation of the Labor Standards Act due to unpaid advance notice of dismissal allowances.

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 misapprehending the legal doctrine on exceptions to the application of advance notice under Article 35 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019).

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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