근로기준법위반등
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (1.5 million won of fine) is too unreasonable.
2. Considering the fact that the Defendant did not have the same criminal record, that some of the circumstances are to be taken into account, such as the fact that the Defendant had no criminal record for the management situation of the operated company, etc., and that the employee E received a dividend of the total amount of KRW 13 million in the real estate compulsory auction procedure, the lower court’s punishment is somewhat excessive.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of each fine concerning facts constituting an offense;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Labor Standards Act for Workers E, the violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment imposed on a violation of the Guarantee of Workers' Retirement Benefits Act, with more severe criminal penalty);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;