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(영문) 인천지방법원 2018.11.16 2018노2755
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The defendant, with the grounds of appeal, stated at the branch office of the Ministry of Employment and Labor of Middle-Large Branch, that "the defendant is operating the place of business of this case and was unable to pay wages to workers E due to lack of funds," but it has reached the court of the court below and thus it is not consistent and it is not believed to be inconsistent. In full view of the fact that the defendant's statements by the chief of the management department of the workplace of this case, H and workers E, and the defendant's telephone number are written on the recruitment banner of employees of the place of

2. On June 12, 2017, according to the evidence duly adopted and examined by the court below, the defendant denied the statement at the branch office of the Ministry of Employment and Labor of Middle-gu, the subordinate branch office of the Ministry of Employment and Labor of the Ministry of Employment and Labor, and submitted to the above Ministry of Employment and Labor on June 12, 2017, E for the first time. H only prepared a written statement confirming the wages in arrears in relation to E on behalf of the defendant as the manager of the workplace of this case on August 8, 2017, and even if a person in the name of the telephone number on a banner of the place of business of this case was actually used by the prosecutor, it is not sufficient to recognize the defendant as the actual user of the workplace of this case. The decision of the court below that acquitted the defendant on the ground that there is no other evidence to acknowledge this differently. The prosecutor's assertion

3. The appeal by the Prosecutor is dismissed. It is so decided as per Disposition.

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