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(영문) 울산지방법원 2015.09.17 2015노873

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. In light of the circumstances favorable to the defendant, such as the fact that the defendant recognized his mistake and speaks against the defendant, that there is no intentional default, that there is no criminal history of punishment, etc., the fact that the defendant did not make efforts to repay or recover damage even though the total amount of the wages in arrears was a considerable amount of KRW 133 million,00,000, the defendant did not make efforts to pay or recover damage. The defendant had the criminal records of the same kind of crime as the one of the suspended execution in August, the fact that the worker had suffered from the failure to receive wages from the defendant, the fact that the worker would have suffered economic suffering from the fact that he did not receive wages from the defendant, and the purport of the Labor Standards Act, which intends to guarantee the workers to receive due labor payment by imposing the criminal responsibility on the unpaid wages, etc., it is not recognized that the punishment imposed by the court below is unfair because it is too unreasonable.

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