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(영문) 서울중앙지방법원 2015.02.13 2014노4363
근로자퇴직급여보장법위반등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds of appeal (the factual error) did not pay the Defendants totaling KRW 7,796,235 in the instant night work allowance, monthly allowance, annual paid leave allowance, bonus, retirement allowance, and total amount of KRW 7,796,235 in relation to workers E. Since the Defendants deposited the said amount in the process of indictment and trial, there was considerable reason for the Defendants to refuse to pay wages, etc.

Although it cannot be deemed that there was no intention or intention, the first instance court erred by misapprehending the facts against the rules of evidence and thereby acquitted the Defendants.

2. Based on the specific facts established by the first instance court based on the evidence duly adopted and investigated by the court of first instance, for the reasons stated in detail in its reasoning, it is reasonable to determine that the Defendants were not guilty of each of the facts charged in this case on the ground that there are grounds for contesting the existence or scope of the obligation to pay wages, etc. under the facts charged in this case, since the Defendants are deemed to have a considerable reason for failing to pay it. Thus, the evidence submitted by the prosecutor alone cannot be deemed to have a criminal intent to pay wages to the Defendants. There is no violation of the rules of evidence or mistake of facts as pointed out by the prosecutor, nor there is no other evidence to prove the criminal intent of the Defendants additionally in the trial. Thus, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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