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(영문) 서울중앙지방법원 2014.08.13 2014노1813

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the first instance court (five million won of fine) is too unreasonable in view of the fact that the defendant confessions and reflects the instant crime, etc.

2. Taking into account the following circumstances: (a) the amount of delayed payment of the wage exceeds KRW 27,650,000 in total for four workers; (b) the amount of damage was not recovered; and (c) the Defendant’s age, character and conduct, environment, criminal records; (d) motive and circumstance of the instant crime; and (e) circumstances after the instant crime, etc., the reason for the Defendant’s assertion.

Even if the first instance sentence cannot be unreasonable, the defendant's assertion is without merit.

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

(However, pursuant to Article 25 of the Regulation on Criminal Procedure, Article 25 of the Criminal Procedure Act, "C Co., Ltd." in the first instance judgment is corrected to "J Co., Ltd."