근로기준법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in the month of imprisonment) is deemed to be too unhued and unfair.
2. In light of the following circumstances: (a) the conclusion of the judgment was examined; (b) the delay in payment of wages, etc. was caused by serious business difficulties; (c) some workers transferred the possession of a vehicle to autonomously operate; and (d) efforts to partially pay wages to workers by transferring the business right to the Seongdong Tourism Co., Ltd. for the transfer of the business right to the business right to the Defendant; or (c) the responsibility was not less than 170 million won and the total sum of the amount charged for the delay in arrears was not less than 170 million won; (d) the employees did not make active efforts to resolve additional arrears; and (e) the employees did not seem to have been making such active efforts despite the fact that the circumstances in which additional delay in arrears was possible for the employees, and all other circumstances, such as the Defendant’s age, sex, and environment, the background and consequence of the instant crime, and the circumstances after the crime, etc., are considered to be unfair.
3. Accordingly, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is identical to the facts constituting an offense in the lower judgment, and the summary of the evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the following cases: (a) “10 January 10, 2014” in Article 2 of the 2015 Highest 1194 Highest 2 of the 2014 Highest 2nd 303 Highest 3003 Highest 2nd 2nd 2nd 2015 Highest 303 Highest 2nd 4,074,860 won; and (b) “4,074,860 won” in each corresponding column of the lower judgment.
Application of Statutes
1. Article 109(1), the main text of Article 36 of the Labor Standards Act (which means a failure to liquidate money or goods after retirement), Articles 109(1) and the main text of Article 43(1) of the Labor Standards Act (which means failure to pay wages) concerning facts constituting an offense, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Retirement Benefits for respective Workers.