근로기준법위반등
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 the instant case, the lower court dismissed each of the prosecution against the violation of the Labor Standards Act and the violation of the Guarantee of Wage for Workers B and C, and sentenced the Defendant to 10 months of imprisonment and 2 years of suspended execution, based on the conviction of the remaining workers as to the violation of the Labor Standards Act and the Labor Standards Act and the violation of the Guarantee of Wage for Workers’ Retirement Benefits Act. Accordingly, only the Defendant appealed on the
Therefore, inasmuch as the dismissal part of the judgment of the court below was separated and finalized by the appeal period (see, e.g., Supreme Court Decision 91Do1402, Jan. 21, 1992; Supreme Court Decision 2010Do10985, Nov. 25, 2010), the scope of the judgment of this court is limited to the conviction part of the judgment of the court below that the defendant appealed.
2. The decision of the court below (10 months of imprisonment and 2 years of suspended execution) is too unreasonable in light of the gist of the grounds for appeal.
3. The Defendant, while operating Jin Machinery Manufacturing Business Co., Ltd., did not pay the wages and retirement allowances of 23 workers from July 2016 to December 2016, the amount of KRW 410,288,283 to 23 workers.
In light of the fact that the act of delayed payment of wages, etc. to workers is an anti-social crime that threatens the survival of workers living together with their families every month beyond the employer's duty of return under the labor contract and threatens the survival of the workers and their families, the criminal liability of the defendant is not easy.
The number of wages and retirement allowances in arrears of the defendant is very large, and the wages and retirement allowances of workers who have not been agreed until the depth of the party reaches 300 million won.
On the other hand, the defendant recognized the crime of this case and opposed to the mistake.
The defendant seems to have been in arrears with wages, etc. due to the business difficulties operated by the defendant, and is endeavoring to pay overdue wages, etc. to workers by selling company buildings, sites, etc.
In the court below, workers B and C are against the defendant.