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(영문) 의정부지방법원 2019.06.27 2018노2786

근로기준법위반등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that from the date of this judgment.

Reasons

1. The court below's scope of trial in this Court dismissed the prosecution as to the violation of the Labor Standards Act against B and C and the violation of the Act on Guarantee of Workers' Retirement Benefits against C among the facts charged in this case, and sentenced the remainder of the facts charged.

However, among the judgment below, the defendant and the prosecutor appealed from each of the judgment below on the grounds of unfair sentencing, and the dismissal of prosecution by the defendant and the prosecutor did not appeal both the defendant and the prosecutor, thereby making a separate decision.

Therefore, the scope of the court's judgment is limited to the judgment of conviction.

2. Summary of grounds for appeal (the defendant and the prosecutor) unreasonable sentencing (the original decision: One year of imprisonment and two years of suspended execution);

3. The violation of the Act on the Conservation of Water Quality and Aquatic Ecosystem is a serious crime threatening national health and damaging the natural environment.

The defendant has been sentenced to a fine of KRW 2 million and KRW 5 million for the same crime in 2000 and KRW 20 million for the same crime in 2002 due to the violation of the Water Quality Conservation Act in 200.

Nevertheless, the defendant used wastewater discharge facilities without obtaining permission for installation of wastewater discharge facilities.

Meanwhile, the Defendant was sentenced to a fine of KRW 300,000 for the violation of the Labor Standards Act in 2016, the violation of the Guarantee of Workers' Retirement Benefits Act in 2017, and the violation of the Guarantee of Workers' Retirement Benefits Act in 2017, and the amount of unpaid wages and retirement allowances exceeds KRW 47 million.

Considering these circumstances, it is necessary to impose strict liability on the defendant.

However, all of the crimes of this case are recognized by the defendant, and all of the previous convictions are punished by a fine, the defendant has accepted the report after reporting the installation of wastewater discharge facilities after this case, and the defendant has made efforts to recover the damage of workers by paying part of wages, etc.