근로기준법위반
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.
[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (Inductive Undue Practices) Sentencing by the lower court (inductive 1.5 million won) is too unreasonable.
However, there are circumstances unfavorable to the Defendant, such as the fact that the delayed payment of wages to workers C, D, and E due to each of the instant crimes reaches the total of 6.9 million won, and the Defendant had two identical criminal records.
However, in light of the fact that the civil conciliation was established between the defendant and the above three workers at the time of the trial, the amount under the conciliation clause was paid in full by the defendant, and the extent of half of the above amount in arrears was established, etc., the non-payment of the construction cost due to the above three workers' defects in the construction is deemed to have caused for the delayed payment of wages. Therefore, considering the circumstances that can be considered in the circumstance of the delayed payment, the fact that the defendant recognized the mistake and reflects the defendant, and all other circumstances that form the conditions for the sentencing specified in the instant case, the sentencing of the court below is deemed to be too unreasonable.
Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3
Application of Statutes
1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;