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(영문) 대구지방법원 2018.04.13 2017노4316
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which convicted the defendant by misunderstanding the facts and misunderstanding the legal principles, is erroneous in the misapprehension of the facts and misapprehension of the legal principles as follows.

1) With regard to the actual working hours of the victimized workers, all of the documents, such as each statement at the investigative agency and court of the victimized workers, the daily table of the guard room prepared by the said workers, and the outside access list, were unilaterally prepared for their own interest. The contents of the investigation conducted by the labor supervisor are dependent only on the statements of the victimized workers, and all of them are not credibility.

2) The Defendant concluded a comprehensive wage agreement with the victimized workers, and paid all wages accordingly, there is no overdue wage.

3) The Defendant only dispatched the victimized workers upon L’ request, and the actual direction and supervision of the victimized workers were L.

Therefore, there is no intention on the overdue payment of wages to the defendant, and there is no possibility of recognizing the illegality and expectation.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, determination 1 on the misapprehension of the facts and the misapprehension of the legal doctrine: (a) misunderstanding of the facts related to the working hours; and (b) misunderstanding of the facts and the evidence duly admitted and examined by the lower court, each of the above workers’ statements related to the actual working hours; and (c) the above workers’ statements made by the labor

As such, the defendant's above assertion is without merit.

① The victimized workers of this case are consistently working for their own working hours from investigative agencies to the original trial court. “In the case of E, F, and I without any separate working hours, two weeks work at the fixed guard room to 24 hours per hour, and then, they work for the next week.

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