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(영문) 창원지방법원 2018.07.18 2017노2081
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Even if the Defendant misunderstanding the facts, even if the actual management week of D or F Co., Ltd. is in fact, G workers had no obligation to pay wages to G from December 26, 2012 to August 29, 2014, since the work relationship with the Defendant was terminated and thereafter served in the Defendant’s company. Thus, the Defendant has no obligation to pay wages to G from December 2012 to August 29, 2014.

Nevertheless, there is unpaid wages, etc. by G

As the defendant filed a complaint against the violation of the Labor Standards Act, etc., the defendant only filed a complaint against G as a non-prosecution.

Therefore, the judgment of the court below which found the defendant guilty of violating the Labor Standards Act and the Labor Standards Act and violating the Act on the Guarantee of Workers' Retirement Benefits under the preceding paragraph that G continued to work for the defendant's company, and that the defendant's unpaid wages and retirement allowances, etc. were committed against G, and that the complaint of G due to the crime of false accusation constitutes the crime of false accusation, and thus, the judgment of the court below which found the defendant guilty of the defendant guilty

(b) Sentencing (the sentence of the court below: Imprisonment with prison labor for two years);

2. Determination

A. 1) The Defendant asserted the same purport in the lower judgment.

As stated in its reasoning, the lower court, comprehensively taking account of the legal principles on workers under the Labor Standards Act and the following circumstances, provided the Defendant with labor until August 29, 2014 in a subordinate relationship with G even after December 26, 2012.

In light of the facts charged, all of the charges against the defendant were convicted.

① Since December 2012, G carried out the business upon the Defendant’s instruction with respect to the instant company and the instant company D, and in particular, managed the revenue and expenditure of D Co., Ltd., while managing the D office located in the State of go through July 2013.

Of the employees of the defendant person, they had been residing in the D office or in charge of the management of revenue and expenditure.

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