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(영문) 서울중앙지방법원 2015.09.18 2015노1598

근로기준법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The circumstances that are unfavorable to the Defendant include: (a) the amount of unpaid wages and retirement allowances exceeds KRW 30,000,000; (b) the Defendant did not agree with the instant workers; and (c) there were a number of previous and previous departments punished by a fine under a summary order.

On the other hand, however, the fact that the defendant recognized the crime of this case and distorted the mistake, and that the defendant's failure to pay the wage and retirement allowance of this case was caused by the failure to pay the settlement amount of the original company. Accordingly, there are circumstances that can be considered in light of the circumstances, such as the violation of the Labor Standards Act, etc. as mentioned above in the similar time. In the case of the worker G, the fact that the amount of damages suffered through substitute payment payment procedure was recovered considerably is favorable to the defendant.

In full view of all other circumstances, including the Defendant’s age, character and conduct, environment, criminal records, the background of the instant crime, and circumstances after the instant crime, etc., as well as the conditions for sentencing as shown in the record and pleadings, the lower court’s sentence is not unfairly uneasible so that the prosecutor’s assertion is without merit.

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