근로기준법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unfair because the sentence of six months of imprisonment with prison labor imposed by the court below on the defendant and the sentence of two years of suspended execution is too unreasonable.
2. It is recognized that the circumstance is that the Defendant’s total amount of unpaid wages and retirement allowances exceeds KRW 19 million and that the amount of damage is not specified.
However, in full view of the following circumstances: (a) the Defendant recognized each of the instant offenses and against his mistake; (b) the fact that there are circumstances to consider the circumstances leading up to the instant offense, such as failure to pay wages and retirement allowances due to financial circumstances, etc. due to business depression; (c) the damaged workers appears to have received most of the instant overdue wages as substitute payment; (d) the victim G voluntarily withdrawn the complaint against the Defendant; and (e) the Defendant’s age, environment, family relationship, occupation, circumstances leading to the instant offense; and (e) other circumstances that form conditions for sentencing specified in the records and arguments, including the Defendant’s age, environment, family relationship, occupation, circumstances after the instant offense
Therefore, the defendant's argument is justified.
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.
Criminal facts
The substance of the facts charged and the summary of the evidence acknowledged by the court are as follows, except where the worker “H” in the [Attachment 2] No. 2 of the judgment of the court below is deemed as “L”, and therefore, it is identical to the corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article
Application of Statutes
1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);
1. The crime of violation of the Labor Standards Act and the Act on Guarantee of Workers' Retirement Benefits against G of Articles 40 and 50 of the Commercial Act, and the crime of violation of the Labor Standards Act which is more severe.