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(영문) 서울중앙지방법원 2020.02.06 2019노2571
근로기준법위반등
Text

The judgment below

Of the guiltys and the facts charged in the 2018 Godan7265 (Joint) cases, it is against victim D.

Reasons

1. Of the facts charged in the instant case, the lower court dismissed each public prosecution as to the violation of the Labor Standards Act due to failure to liquidate the victims of the instant case, such as regular payment of wages, money, and other valuables, against the victim C, the violation of the Labor Standards Act as to the victim D in the instant case, and the violation of the Guarantee of Workers' Retirement Benefits Act, and the violation of the Act on Guarantee of Workers' Retirement Benefits, and the violation of the Labor Standards Act as to the victim E in the instant case, and convicted the victims of the instant case.

On the other hand, the prosecutor appealed against the violation of the Labor Standards Act as to the victim D and the violation of the Act on the Guarantee of Workers' Retirement Benefits, and did not appeal the remainder of the dismissed public prosecution. As such, the remainder of dismissed public prosecution that the defendant and the prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of the judgment of this court is limited to the guilty part of the judgment of the court below and the violation of the Labor Standards Act as to victim D and the violation of the Guarantee of Workers' Retirement Benefits Act.

In addition, the court below rejected the application for compensation by the applicant for compensation.

An applicant for compensation cannot file an objection against a judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the foregoing dismissed portion shall be excluded from the scope of the adjudication of this court

2. Summary of grounds for appeal;

A. Although it is difficult to see that there was a victim D of the instant facts charged in the misapprehension of the legal principles and mistake of facts (as to the part dismissing the public prosecution of the original judgment), as to the violation of the Labor Standards Act as to the victim D and the violation of the Act on Guarantee of Workers' Retirement Benefits, the lower court determined that the Defendant expressed his intent not to punish D in a clear and reliable manner, and that the prosecution against that part was instituted.

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