근로기준법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (a fine of KRW 15 million) pronounced by the lower court is too unreasonable.
2. Determination is that the Defendant’s total sum of unpaid wages and retirement allowances exceeds KRW 130 million, and that is a crime of repeated crime period, etc. is disadvantageous to the Defendant.
However, considering the favorable circumstances such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstance after the instant crime is committed, it is deemed unfair for the lower court to have sentenced the Defendant to the punishment by taking into account the following factors: (a) the Defendant’s confession of all the instant crimes; (b) the Defendant was undermining management difficulties due to the Defendant’s being detained as a crime in the final judgment rendered in the lower judgment; and (c) the Defendant’s payment of the unpaid wages and retirement allowances to the employees at the time of the trial; and (d) the agreement was reached
3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court is identical to the facts charged and the summary of the evidence. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 109(1) and 36 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 15108, Nov. 28, 201);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The order of provisional payment;