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(영문) 의정부지방법원 2017.01.12 2016고정1807
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. The gist of the facts charged is that the Defendant is the representative of “D” in Speaker-si C, who ordinarily employs six workers and operates necessary drug wholesalers except medicine.

An employer shall not dismiss a worker during a period of suspension of work for medical treatment of an occupational injury or disease, and for thirty days thereafter.

Nevertheless, the Defendant was hospitalized in the hospital due to occupational accidents on December 15, 2015, and on December 14, 2015, while E was working in D, the Defendant dismissed E.

2. The assertion and judgment

A. The Defendant and his/her defense counsel asserted voluntarily withdrawn on December 14, 2015, and did not dismiss E on December 15, 2015.

B. In a criminal trial, the recognition of facts constituting an offense ought to be based on evidence, and the degree of proof ought to reach the extent that there is no reasonable doubt, and as such, the prosecutor is responsible for such a proof. Therefore, even if there is no such evidence, the determination is inevitable on the part of the defendant, even if there is suspicion of

In this case, in order to establish a violation of the Labor Standards Act against the Defendant, the fact that the Defendant unilaterally dismissed E after December 15, 2015, when the period of medical care due to the instant accident, should be acknowledged.

However, in light of the following circumstances revealed through the public trial records of this case, E appears to have expressed the Defendant’s voluntary intention of withdrawal on December 14, 2015, or at least in the situation where dismissal was publicly notified at least around that time, and there was no credibility of E’s statement that corresponds to the facts charged of this case, and the evidence submitted by the prosecutor alone, which led to the Defendant’s dismissal of E unilaterally after December 15, 2015, or that there was such criminal intent.

It is insufficient to view it, and there is no other evidence to prove it.

1) E For the Customer on December 11, 2015, “E” means December 15, 2015.

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