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(영문) 대법원 2020.02.27 2019도17943
근로기준법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the Defendant of violating the Labor Standards Act due to the failure to pay weekly holiday allowances, food allowances, and advance notice of dismissal allowances among the instant charges.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the establishment of a crime of violating Articles 109(1), 36, and 110 Subparag. 1, and 26 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); and by omitting necessary judgment, thereby adversely affecting the conclusion of the judgment.

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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