(영문) 부산지방법원 2018.11.09 2018노2916 | 리걸엔진

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(영문) 부산지방법원 2018.11.09 2018노2916

근로기준법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not have any employment relationship with the victimized workers, and thus, the lower court found the Defendant guilty of the facts charged in this case, which erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. Article 457-2 of the Criminal Procedure Act (amended by Act No. 15257, Dec. 19, 2017; effective December 19, 2017; and Article 457-2 of the Criminal Procedure Act (amended by Act No. 15257, Dec. 19, 2017); and Article 457-2 of the Criminal Procedure Act provides that, in a case where a defendant requests a formal trial, no sentence of more severe punishment than that of the summary order shall be imposed; and pursuant to Article 457-2 of the Criminal Procedure Act, where a defendant declares a more severe punishment than that of the summary order

According to the records, upon the issuance of a summary order which imposes a fine of 500,000 won on the Defendant’s case of violation of the Labor Standards Act by the Busan District Court Branch Branch of the Busan District Court on March 30, 2018, the Defendant claimed a formal trial against the above summary order on April 9, 2018, and accordingly, in the case of violation of the Labor Standards Act, which took place as Busan District Court Branch of the Dong branch of the Busan District Court on July 25, 2018, the lower court recognized the fact that the Defendant sentenced the Defendant to a fine of 70,000 won on July 25, 2018, and did not state the grounds for sentencing on the written judgment.

Therefore, the court below sentenced a more severe punishment than that of a summary order on a case for which the defendant requested formal trial, but omitted the reason for sentencing in the judgment, thereby committing a mistake in violation of Article 457-2 (2) of the Criminal Procedure Act, and therefore, the judgment of the court below cannot be maintained further in this respect.

B. We examine the judgment of the court below as to the defendant's assertion of mistake of facts, even if there are grounds for reversal of authority as above, since the defendant's assertion of mistake of facts is still subject to the

Defendant.

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