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(영문) 서울남부지방법원 2019.11.22 2018노2060
최저임금법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the lower judgment, the lower court rendered a judgment on the charge of violation of each Labor Standards Act on the grounds that there was no intention on the violation of each Labor Standards Act due to the failure of advance notice of dismissal and night work allowance. However, in calculating the ordinary wages that serve as the basis for advance notice of dismissal and night work allowance in advance of the fact that there was no intention on the part of the lower judgment, the lower court should have sentenced the Defendant not guilty on the ground that it did not include the allowance for work on board and the allowance for work on night work, and the allowance for work on board and the allowance for work on night work. However, the lower court considered that the allowance for work on board and the allowance for work on night work were included in ordinary wages, and thus, it was unlawful. In so doing, the lower court filed an appeal on the part of the lower judgment on the part of the acquittal. 2) The lower court’s judgment on unreasonable sentencing of the guilty portion is too unreasonable.

B. According to the evidence submitted by the lower court on the part of not guilty (including the acquittal in the grounds) or by misapprehending the legal doctrine regarding the part of the lower judgment, the Defendant was fully aware of the fact that the allowance for service on board and the allowance for lodging in operation may be included in ordinary wages. Therefore, the Defendant’s criminal intent as to the violation of each Labor Standards Act is also recognized. Therefore, this part of the lower judgment based on a different premise is erroneous by misapprehending the facts, or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment. 2) In light of the fact that the lower court’s conviction of the whole

2. The essence of the appeal is that the appeal by the defendant against the non-guilty portion is lawful, because the defendant's appeal is due to the correction of the original judgment unfavorable to him.

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