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(영문) 수원지방법원 2013.04.11 2013노216

근로기준법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the gist of the grounds for appeal asserts that the sentence of the court below (two years of imprisonment with prison labor for four months) is unhued and unreasonable.

2. In light of the number of workers who did not receive wages from the defendant, the amount of the wages in arrears, and the period of the delay in payment, etc., although the case is not less than that of the defendant, the defendant is making his own effort to pay the wages in arrears (it is agreed with the worker B at the original trial stage, considering the fact that the defendant was guilty, and the following claims are transferred), the defendant is only subject to a fine, and the defendant is also subject to a copy of the protocol of settlement of the case 2012Kadan24064, Dec. 26, 2012 submitted by the defendant during the trial, the defendant was deemed to have actually received the wages in arrears [the court below's decision that transferred 10 workers the claim for the construction work amount equivalent to the wages in arrears (the total amount of transferred claims, 27,430,000 won). If the judgment dismissing the prosecution in the original trial is excluded, the court below's decision seems to have taken into account the circumstances and circumstances of the defendant's occupational relationship, etc.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.