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(영문) 광주지방법원 2018.09.06 2018노744

근로자퇴직급여보장법위반

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The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (six months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. Determination of the Defendant’s total amount of the retirement allowances in arrears to workers is about KRW 270,00,000, and the fact that it appears that there is no possibility of payment of the delayed retirement allowances is disadvantageous to the Defendant.

On the other hand, it is advantageous to the fact that some workers after the prosecution of this case expressed their intention not to be punished against the defendant, there are circumstances to consider the defendant's delayed payment of retirement benefits, and that the Labor Welfare Corporation paid part of the unpaid retirement benefits to the workers on behalf of the defendant due to small-amount substitute payment and general substitute payment.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.