근로기준법위반등
The judgment below
The guilty part shall be reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall be imposed on the defendant.
1. Of the instant facts charged, the lower court dismissed the prosecution against each of the above facts charged on the grounds that the victims’ violation of the Labor Standards Act against T, U, V, W, Z, AB, K, X, and N, violation of the victim’s retirement benefit security law, violation of the victim’s P, R, and Labor Standards Act against AC, and violation of the Workers’ Retirement Benefit Security Act against the victim’s P, P, R, and AC, and the victim expressed the intent not to punish the Defendant, and convicted the remainder of the charges.
Since the defendant appealed from the judgment of the court below regarding the guilty portion, and the prosecutor's dismissal portion among the judgment of the court below is separated from the dismissal part of the prosecution, only the guilty portion in the judgment of the court below constitutes the scope of judgment of this court.
2. The sentence (five months of imprisonment, two years of suspended execution, and 120 hours of community service) imposed by the court below on the summary of the reasons for appeal is too unreasonable.
3. While the Defendant had already been punished for a massive suspension of sentence on several occasions due to the same kind of crime, the Defendant did not pay approximately KRW 220 million to the total sum of wages and retirement allowances of a number of workers employed by himself/herself at the same time.
Considering the fact that a worker was unable to receive the wage retirement pay from time to time and suffered considerable economic damage and mental suffering, the criminal liability of the defendant is not weak.
However, the defendant recognized all of the crimes of this case, and against all of the workers, the defendant seems to have made the best efforts to pay wages in arrears.
Many workers received dividends as wage creditors in various distribution procedures during the trial proceedings of the court below and the party, thereby recovering a considerable portion of the damages. In the trial of the party, the aforementioned agreement was reached between 20 additional workers and 20 full-time workers.