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(영문) 대구지방법원 2020.01.16 2019노1721

근로기준법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 700,00) imposed by the court below is too unreasonable.

2. The crime of this case in light of the purpose of the Labor Standards Act, etc., in which the defendant did not pay the worker the advance notice of dismissal, and did not pay the unpaid wage within 14 days from the date of retirement, the crime cannot be deemed to be less than that of the defendant in light of the purpose of guaranteeing the

However, the Defendant recognized all of the instant crimes, and the victim did not want to punish the Defendant by mutual consent with the victim during the trial.

There is no record that the defendant has been punished for the same crime.

In addition, in full view of various circumstances, including the defendant's age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the punishment sentenced by the court below is deemed unfair.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Reasons for the judgment below] Facts constituting an offense and summary of evidence recognized by this court and summary of evidence are as stated in the corresponding columns of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 110 Subparag. 1 and Article 26 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter “former Labor Standards Act”); Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 201; hereinafter “former Labor Standards Act”); Articles 109(1) and 36 of the former Labor Standards Act; and each

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for confinement in a workhouse (when a sentence of suspension of execution of punishment is invalidated or revoked, the time a fine is not paid);

1. The reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.