근로자퇴직급여보장법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.
2. The fact that the total amount of unpaid wages and retirement allowances exceeds KRW 37,364,322, and that payment was not made for about two (2) years from the time of payment is disadvantageous to the Defendant.
On the other hand, the fact that the Defendant appears to be against the Defendant’s recognition of the instant crime, and that it is not deemed that the Defendant had been unable to pay wages and retirement allowances in bad faith prior to the instant case, that there was no record of criminal punishment of suspension of qualifications or more severe punishment, and that there was an agreement with the employees to pay the unpaid wages and retirement allowances, and that the payment has been completed accordingly, are favorable to the Defendant.
In full view of the above circumstances and the Defendant’s age, character and conduct, environment, circumstances leading to the commission of the crime, and various sentencing conditions as shown in the records and pleadings, the lower court’s punishment is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Discied Judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it shall be quoted in accordance with Article
Application of Statutes
1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, as well as subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act; and
1. Violation of the Labor Standards Act with respect to Article 40 and Article 50 (D) of the Commercial Concurrent Crimes Act, the violation of the Guarantee of Workers' Retirement Benefits Act, the violation of the Labor Standards Act with respect to E, the violation of the Guarantee of Workers' Retirement Benefits Act, the quality of each crime, and the circumstances are added.