근로기준법위반등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that from the date of this judgment.
1. Of the facts charged in the instant case, the lower court dismissed each of the public prosecution against the violation of the Labor Standards Act by workers C, D, and E, and the violation of the Workers' Retirement Benefit Security Act, and sentenced the Defendant to one year by determining the remaining workers guilty of violating the Labor Standards Act and the Workers' Retirement Benefit Security Act, and only the Defendant appealed against the aforementioned guilty portion.
Therefore, inasmuch as the dismissal part of the judgment of the court below was separated and finalized by the appeal period (see, e.g., Supreme Court Decision 91Do1402, Jan. 21, 1992; Supreme Court Decision 2010Do10985, Nov. 25, 2010), the scope of the judgment of this court is limited to the conviction part of the judgment of the court below that the defendant appealed.
2. The sentence of the lower court (one year of imprisonment) shall be too unreasonable as to the gist of the grounds for appeal.
3. The Defendant, while operating a manufacturing company, did not pay a total of 308,178,064 won of wages and retirement allowances to 19 employees from December 2, 2014 to August 2016.
In light of the fact that the act of delayed payment of wages, etc. to workers is an anti-social crime that threatens the survival of workers living together with their families every month beyond the employer's duty of return under the labor contract and threatens the survival of the workers and their families, the criminal liability of the defendant is not easy.
The number of wages and retirement allowances in arrears of the defendant is very large, and the wages and retirement allowances of workers who have not been agreed until this court is also a considerable amount.
However, the defendant recognized the crime of this case and reflected the mistake.
The Defendant appears to have been in arrears with wages, etc. due to the business difficulties operated by the Defendant, and some workers were paid wages, etc. to the Defendant in bankruptcy proceedings.
In the lower court, workers C, D, and E expressed their intention not to punish the Defendant, and in this court, workers P, T, V, M, H, and S additionally expressed their intention not to punish.