근로자퇴직급여보장법위반등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that from the date of this judgment.
1. Of the facts charged in this case against the defendant, the court below dismissed the prosecution against the defendant as to the violation of the Labor Standards Act and the violation of the Act on Guarantee of Workers' Retirement Benefits in the attached Form 3, 6, 7, 10 of the judgment below, and found the defendant guilty as to the violation of the Labor Standards Act and the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act, and sentenced the defendant to the defendant for eight months. The defendant appealed against the above guilty portion. Since the dismissed portion of the judgment below which was not appealed is separated and confirmed, the judgment of this court is limited to the above guilty portion among the judgment below.
2. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
3. It is recognized that the Defendant’s delayed payment of wages and retirement allowances is relatively large, and that the Defendant did not reach an agreement with his/her employees because the delayed payment of wages, etc. has not been paid until a considerable period of time.
However, the Defendant recognized the Defendant’s mistake of causing damage to the workers, and is against the duty of care due to the aggravation of business management, and seems to cause the instant crime to be committed.
In the investigation stage, substitute payment for part of the amount in arrears was paid, the factory machinery was provided as a substitute payment to minimize the damage to the employees in India, and 70 million won was deposited for workers in the trial.
In full view of such circumstances and other circumstances as the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime, and the circumstances after the crime, the lower court’s punishment is somewhat heavy.
Recognized.
4. In conclusion, the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following is ruled again after pleading.
Criminal facts.