근로기준법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal (in original case, six months of imprisonment and two years of suspended execution);
2. The purport of the Labor Standards Act, which imposes criminal liability on the person liable for payment of the determined wages and retirement allowances, intends to ensure that the employee maintains his/her livelihood with normal wage and is entitled to receive due remuneration for labor, the total sum of the unpaid wages and retirement allowances in the instant case, and three times the previous criminal records of the same kind are disadvantageous to the Defendant.
However, there are circumstances favorable to the defendant that the above retired worker does not want to be punished against the defendant in consultation with some of the retired workers in the trial, and that the damage of the retired worker who did not have agreed to recover most of the damages to the defendant.
In addition, the sentence of the court below is somewhat inappropriate in light of various sentencing conditions shown in the argument of this case, such as the circumstances after the crime was committed, the character and conduct of the defendant, and the environment.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the following decision is rendered.
[ multi-use reasons for the judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 109(1) and 43(2) of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); and Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); and Article 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); and Article 109(2) and 36 of the former Labor Standards Act (Amended by Act No. 16270, Nov. 15, 2019).