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(영문) 대법원 2013.10.31 2013도7965
근로기준법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 365 of the Criminal Procedure Act, when a defendant does not appear in the court on the appellate trial date, a new date is set and when a defendant does not appear in the court on the new date without justifiable grounds, the defendant can be ruled without statement of the defendant

According to the records, the court below accepted the application for postponement of the trial date on the grounds of the defendant's illness, and set the first trial date by changing it to 10:35 on May 10, 2013, and set the second trial date as the defendant was absent on the first trial date, delayed pleadings, and set the second trial date. The defendant rejected the application for postponement of the second trial date, rejected the application for postponement of the second trial date, and completed pleadings at the time when the defendant was absent on the second trial date, and sentenced the defendant's absence on the grounds of health due to the defendant's absence on the new trial date. The above measures of the court below are just in accordance with the provisions of the Criminal Procedure Act, and there were no errors such

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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