beta
(영문) 대구지방법원 2013.10.31 2013노1668

근로기준법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment) is too unhutiled and unfair.

2. The Defendant’s judgment is a large amount of wages and retirement allowances paid to workers up to KRW 110,00,000, and a considerable portion has not been paid up to now, and is disadvantageous to the Defendant.

However, the following should be considered in favor of the Defendant: (a) the Defendant recognized the mistake of the Defendant; (b) KRW 53 million was paid to the instant employee as substitute payment; (c) the Defendant operated the instant workplace without a big problem for about 25 years; (d) the Defendant had been in arrears with wages and retirement allowances of KRW 200 million, including the unpaid money and other valuables; and (b) the unpaid money and other valuables of KRW 86 million, which were not paid, became final and conclusive after being sentenced to a two-year suspended sentence of imprisonment for six months, as stated in the first head of the facts charged in the lower judgment.

In full view of all the circumstances revealed in the records and pleadings, such as the above-mentioned normal relation, the age, character and conduct, the environment, and the background leading to the instant crime, it is not deemed that the sentence imposed by the court below is too weak.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.