근로기준법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. Of the facts charged in the instant case, the lower court dismissed the prosecution against the violation of the Labor Standards Act and the Labor Standards Act and the violation of the Guarantee of Retirement Benefits for Workers B, and sentenced the remainder of the facts charged against the Defendant. Since only the Defendant appealed on the part of the conviction, the part of the dismissal of the prosecution against the Defendant and the Prosecutor that did not appeal became final and conclusive.
Therefore, the judgment of this court is limited to the guilty part of the judgment below.
2. The decision of the court below on the gist of the reasons for appeal (the imprisonment of six months and the suspension of execution of one year) is too unreasonable.
3. The instant crime committed by the Defendant, while operating an enterprise, failed to pay approximately KRW 50 million in total, including wages and retirement allowances, to workers within the statutory period. Considering the dependence on the monthly salary workers’ benefits and the form of livelihood, such crime is not less complicated, and the overdue period or the scale thereof is not minor.
On the other hand, however, the defendant shows an attitude that the defendant's wrong and seriously reflects on his or her fault, and close down a business operated, and most of the unpaid wages, etc. have been paid to workers in the trial, such as substitute payments, etc., and some workers want to be able to take the front place against the defendant.
The defendant has no record of criminal punishment, except for the case of a fine imposed on him/her once he/she has been sentenced to a criminal offense.
Considering the above conditions unfavorable to or favorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence imposed by the court below against the defendant is too unreasonable.
Therefore, the defendant's above assertion is justified.
4. Thus, 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 reasonable.