beta
(영문) 서울중앙지방법원 2015.04.29 2014노5098

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. The instant case is a matter of delay in payment of approximately KRW 13 million in total of wages D of workers C of a stock company operated by the Defendant, and there are circumstances under which the Defendant partly repaid the overdue wages, but the amount of unpaid damages is reasonable.

Considering the above circumstances, the court below reduced the amount of fine of KRW 4 million to KRW 2 million under a summary order, and there is no change in circumstances until the court below renders a subsequent decision.

The defendant has several criminal records for the same offense.

In full view of all the sentencing conditions in the instant case, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, the sentence imposed by the lower court is not unreasonable.

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