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(영문) 대법원 2019.08.30 2019도8798
근로기준법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court convicted the Defendant of the instant facts charged by applying the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017).

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the application of statutes.

On the other hand, the court of final appeal may investigate and determine only to the extent of filing an appeal based on the grounds of final appeal. Therefore, the grounds of final appeal should clearly state the grounds for final appeal on the grounds of appeal.

Therefore, unless the appellate brief states such specific and explicit grounds of appeal, it cannot be deemed that legitimate grounds of appeal have been submitted.

(See Supreme Court Decision 9Do513 delivered on April 21, 2000, etc.). The part of the appellate brief stating that “the Defendant has committed an offence against the rules of evidence” in the appellate brief does not expressly state the grounds for the violation of the rules of evidence, and it cannot be deemed that the Defendant submitted a legitimate ground for appeal.

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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