logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.06.02 2016노405
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court found the Defendant guilty of violating the Labor Standards Act and the Act on the Management and Use of Livestock Excreta in the instant case No. 2014 senior group 2885 senior group 2885 senior group 2014 senior group 2015 senior group 1903 senior group 2015 senior group 2015 senior group 2885 senior group 2014 senior group 2014 senior group 2015 senior group 5 senior group 596 senior group 596 senior group 2015 senior group 205 senior group 2932 senior group 2932, and dismissed each public prosecution against the violation of the Labor Standards Act and the Act on the Guarantee of Retirement Benefits of Workers. Thus, the lower court's judgment that found the Defendant guilty is limited to the violation of the Act on the Management and Use of Excreta and the Act on the Guarantee of Workers' Benefits of Workers and the Act on the Guarantee of Workers and the Guarantee of Workers' Benefits of Workers.

2. Summary of grounds for appeal;

A. Regarding the violation of the Labor Standards Act and the violation of the Labor Standards Act and the Guarantee of Retirement Benefits for Workers, the Defendant, despite having made best efforts as an employer, failed to pay wages and retirement allowances to workers due to inevitable reasons, such as financial circumstances due to poor management, etc.

B. The sentence sentenced by the lower court to the Defendant (an amount of four million won) is too unreasonable.

3. Determination

A. The employer’s violation of the duty to pay wages, retirement allowances, etc. as stipulated in Articles 109(1) and 36 of the Labor Standards Act regarding the assertion of misapprehension of the legal doctrine is for the payment thereof.

arrow