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(영문) 서울중앙지방법원 2020.05.07 2019노3351
근로기준법위반
Text

The defendant's appeal is dismissed.

The litigation costs of the original judgment and the party deliberation shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant did not dismiss E and F, the court below found that the defendant dismissed him and found him guilty of the unpaid part of the facts charged for the advance notice of dismissal, there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. The court below's decision on the grounds of unfair sentencing (2 million won of fine) on the defendant is too unreasonable.

2. Determination

A. The lower court determined that part 1 of the assertion for misunderstanding of facts refers to the termination of an employment contract by an employer’s unilateral declaration against the employee’s will, and the following facts or circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e.,, the witness E from the investigative agency to the court of the lower court, to the point of work at the work on July 17, 2017, and cannot be said to be consistent with the Defendant’s company. In today’s work until now, the Defendant stated that his successor would go back to the end of the payment. ② on July 18, 2017, the Defendant stated that the Defendant’s order to dismiss the employee G who retired from the phone call with the victimized employee would not go against the employee’s will to go through the employee’s work, and that the Defendant made a statement that he would have been subject to dismissal to the employee’s dismissal on July 17, 2017, and that he would not have been subject to the employment contract on behalf of the victimized employee.

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