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(영문) 대법원 2017.12.22 2017도6794
근로기준법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of the relevant crime regarding the violation of the Labor Standards Act due to the failure to pay annual allowances and the worker’s day labor allowance among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the aforementioned determination by the lower court is justifiable. In so doing, it did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the intentional violation of the Labor

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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