근로기준법위반
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for six months.
provided that this ruling has become final and conclusive.
1. Of the facts charged against the defendant, the court below dismissed the prosecution as to the violation of each Labor Standards Act as stated in the annexed list of crimes, Nos. 1 through 7, 16, 18, 24, 26, 30, 38 and 44 of the judgment of the court below, and sentenced the defendant guilty as to the remainder of the facts charged.
However, since only the defendant appealed against the conviction part of the judgment below and did not appeal all the prosecutor and the defendant with respect to the dismissal of public prosecution, the dismissal part of the judgment below becomes final and conclusive and only the remaining guilty part is subject to the judgment of this court.
2. The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the main sentence conditions of the grounds for appeal.
3. As to the grounds for appeal, the fact that the Defendant, without an agreement between the parties, did not state to 25 workers the total amount of wages not paid within 14 days from the date of retirement to 50,969,000 won, among which 14 workers (total amount of unpaid wages 2,538,00 won) are disadvantageous to the Defendant.
However, in full view of the favorable circumstances such as workers G, P, Q, R, T, T, J, U, V, W, and X that the above workers do not want the punishment of the defendant, and other circumstances, such as the character and behavior, environment of the defendant, the background of the crime of this case, and the circumstances after the crime, etc., which are the conditions of sentencing as shown in the records and arguments, it is determined that the punishment imposed by the court below is too unreasonable.
4. In conclusion, the defendant's appeal is justified, and thus, the judgment of the court below is guilty in accordance with Article 364 (6) of the Criminal Procedure Act.