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(영문) 서울남부지방법원 2016.01.28 2015노863

근로기준법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following circumstances: (a) the Defendant had not been in arrears with wages while operating the Company D for a long time; (b) the business environment has deteriorated due to the poor construction and excessive competition of the external company; and (c) the Defendant was unable to pay wages as he discontinued his business; (b) the Defendant’s imprisonment (two years of suspended execution for one year) was too unreasonable

2. A substitute payment to the judged workers is made.

Even if there remain unpaid wages, and the Defendant used only KRW 76 million out of the 200 million paid to the above company before closing the business of the Co., Ltd., which was paid to the Defendant before the Defendant closed down his business, and the damage has increased by using them as the paid benefits. It seems that workers were suffering from considerable economic suffering due to the Defendant’s failure to receive wages, retirement allowances, and contribution fees, and criminal liability for the unpaid wages and retirement allowances is imposed on the employees, and the Defendant’s criminal liability is imposed on the employees to maintain their livelihood with their normal wage and to ensure the payment for their labor, is disadvantageous to the Defendant.

In light of the aforementioned circumstances and circumstances, the lower court’s punishment is too unreasonable even in light of the circumstances asserted by the Defendant on the grounds of appeal, based on the following factors: (a) the circumstances leading to the instant crime; (b) the circumstances following the instant crime; (c) the Defendant’s age; (d) the Defendant’s sexual conduct; and (e) various circumstances that serve as the conditions for sentencing as

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