근로기준법위반등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below (two years of imprisonment, three years of suspended execution) is too unfased and unfair.
2. It is recognized that there are circumstances for the Defendant to take partial account of the circumstances in which the Defendant delayed payment of wages and retirement allowances, and that part of his employees would be reimbursed with 16 million won, and that employeeO did not want the Defendant’s punishment for the first time in the trial.
However, the Defendant’s crime of this case is working for the Defendant’s management company.
Considering the number of the victimized workers, the number of overdue wages and the amount of the retirement allowances in arrears, the crime and the circumstances are very important.
The time of retirement of the instant employee was extended from the beginning of the year 2013 to the first half of the year 2014, and the Defendant appears to continue to operate his/her business during the pertinent period. However, there were circumstances in which the Defendant, as alleged by the Defendant, experienced difficulties by the company.
Even if there is a question as to whether workers have made every effort to pay their wages with the top priority.
Wages and retirement allowances paid additionally are also very low even though workers have passed a considerable time since their retirement.
Defendant has been punished for violating the Labor Standards Act two times.
In full view of these circumstances, the judgment of the court below that sentenced the defendant to a suspended sentence of imprisonment is too unfortunate and unfair.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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