근로기준법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The sentence of the lower court (three years of suspended execution in April 1) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The Defendant: (a) paid a total of KRW 229 million to 48 workers’ wages and retirement allowances; and (b) paid a total of KRW 29 million, thereby hindering the workers’ livelihood and stable livelihood security.
In light of the period, amount, number, etc. of the defendant's wages, etc., the defendant's responsibility is not easy.
However, the defendant is the first offender, and all of the crimes of this case are recognized and reflected.
The defendant caused the crime of this case to the crime of this case, due to the reading of birds, etc., and the overall depression of the household construction business industry was also caused.
The Defendant, by borrowing money from a third party, made efforts in order to solve the problem of unpaid wages, etc., and some workers are not punished against the Defendant by mutual consent with the Defendant.
In order to pay remaining unpaid wages, etc., the unpaid wages, etc. of this case, in the voluntary auction procedure for the factory and factory site of the Dispute Resolution Co., Ltd., and the substitute payment was paid by the Labor Welfare Corporation (the Labor Welfare Corporation received the total amount of claims equivalent to substitute payments by exercising the right to indemnity in the above voluntary auction procedure) and the defendant has prepared a repayment plan, such as transferring the remaining assets of the Dispute Resolution Co., Ltd to the worker.
In addition, considering the various circumstances that are the conditions for sentencing as shown in the records and pleadings of this case, such as the Defendant’s age, environment, sex, motive of the crime, and circumstances before and after the crime, the sentence of the original judgment is recognized as being too unreasonable.
3. In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is made in accordance with Article 364 (6) of the Criminal Procedure Act.