근로기준법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., a fine of 5 million won imposed by the court below on the defendant is too unreasonable.
2. As to the grounds for appeal, the Defendant has already been punished several times for the same kind of crime, and the Defendant has a majority of six workers who have been in arrears with the initial wage and retirement allowance, and the amount in arrears exceeds the total of 50 million won, etc. shall be considered disadvantageous to the Defendant.
However, if the defendant paid the above-mentioned unpaid wages and retirement allowances to H, G, D, and E in total, 25 million won, due to the difficulty in community bus transport business, it appears that the defendant delayed payment of wages and retirement allowances due to the difficulty in business normalization, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, including the defendant's age, character and conduct, environment, result of crime, circumstances after crime, etc., the sentence of the court below is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
【Discied Judgment】 The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 109 (1) or 36 of the Labor Standards Act (which refers to the payment of benefits and annual allowances) concerning facts constituting an offense, Article 44 subparagraph 1 or Article 9 of the Guarantee of Workers' Retirement Benefits Act (which refers to the payment of unpaid retirement allowances);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The former Criminal Act amended by Act No. 12575, May 14, 2014.