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(영문) 부산지방법원 2020.11.27 2020노1469
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (the factual errors and misapprehension of the legal principle), the evidence submitted by the prosecutor, the defendant is working at the defendant's workplace as stated in the facts charged

The fact that a retired worker E has not paid wages and retirement allowances within 14 days from the date of retirement without agreement on the extension of the payment date.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. In light of the circumstances acknowledged by the records of this case, the court below found the Defendant not guilty of the facts charged of this case on the ground that it is difficult to recognize that the Defendant, as stated in the detailed statement of overdue money and valuables and retirement allowance 28,470,107 won and retirement allowance 2,91,065 won, failed to pay the amount of 31,461,172 won, as stated in the statement of overdue money and valuables under the premise that the Defendant agreed to pay the wages of KRW 2,00,000 per month to E, and there is no other evidence to prove otherwise. Furthermore, as long as there is a reasonable ground to dispute the existence and scope of the obligation to pay wages, such as

Examining the above judgment of the court below in comparison with the records of this case, the judgment of the court below is justified and it did not err by misapprehending the facts or by misapprehending the legal principles as alleged by the prosecutor, which affected the conclusion of the judgment.

The prosecutor's assertion of mistake and misapprehension of legal principles is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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