근로기준법위반
The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall be imposed on the defendant.
1. Of the facts charged in this case, the court below dismissed the prosecution as to the non-payment of wages and the non-payment of wages for C, D, E, F, G, H, I, J, K, L, M, N,O, P, and Q, R, S, T, U,V, and W, and ordered a community service order of 1 year and 80 hours to the probation for the remaining facts charged in violation of the Labor Standards Act. In this case where the defendant filed an appeal only for the guilty portion, the court below's dismissal of the above dismissal part of the judgment below was already finalized, and thus, the judgment of this court is limited to the guilty part of the judgment below.
2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two months of imprisonment, one year of suspended execution, one year of community service, and eight hours of imprisonment) is too unreasonable.
3. In the instant case, there are unfavorable circumstances, such as that 13 workers who did not receive wages, etc. from the Defendant (at the beginning 34 workers who were prosecuted, but the Defendant had no criminal power to impose a fine exceeding 21 workers, and thus, the dismissal of public prosecution was rendered in this part by expressing his intention to punish the Defendant) and that the unpaid amount reaches about 35 million won, but the court below recognized the Defendant’s mistake and expressed his intention not to punish the Defendant, among the said 13 workers, by mutual agreement with eight workers among the said 13 workers, and expressed his intention not to punish the Defendant. Accordingly, the court below’s punishment may be mitigated by taking into account all the factors indicated in the instant arguments, such as the Defendant’s age, character and behavior, environment, circumstances of the instant crime, etc.