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(영문) 광주지방법원 2019.08.29 2018노3152
근로기준법위반등
Text

The judgment below

Part of acquittal shall be reversed.

Of the facts charged in the instant case, the violation of the Labor Standards Act is surrounding.

Reasons

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by the prosecutor by mistake of facts and misapprehension of legal principles (the part of acquittal in the judgment of the court below), the defendant could recognize the fact that the defendant did not pay 1,171,740 won of the worker D’s annual paid leave within 14 days from the date of retirement without an agreement on extension of the due date, but the court below acquitted the defendant of this part of the facts charged. The judgment of the court below is erroneous in misunderstanding of facts. 2) The judgment of the court below on unreasonable sentencing (the fine of 400,000

B. Defendant (misunderstanding of facts as to guilty portion of the lower judgment and misunderstanding of legal principles) paid retirement allowances to D separately from monthly pay in accordance with an interim settlement agreement.

2. Judgment of the court below on the non-guilty portion

A. Prior to the judgment on the grounds for appeal ex officio, the prosecutor examined the part of the judgment of the court below as to the charge of not guilty (the violation of the Labor Standards Act) in the trial, while maintaining the original charge as the primary charge, as well as the part of not guilty in the judgment of the court below 1.

In addition to the contents as stated in the paragraph, the application for amendments to Bill of Indictment was filed, and since this court permitted it, the judgment of the court below was made that the portion of innocence in the judgment of the court below can no longer be maintained.

However, the prosecutor's assertion of misunderstanding of facts or misapprehension of legal principles as to the primary facts charged is still subject to the judgment of this court, and this is examined.

B. The primary charges of determining the misunderstanding of facts and misapprehension of legal principles as to the primary facts charged are the users who ordinarily employ five workers as the representative C Co., Ltd. located in Gwangju Northern-gu, and are engaged in the manufacturing of advertising materials.

The Defendant shall work in the workplace from May 10, 2010 to April 17, 2017.

d. the retired workers D.

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