근로기준법위반
The prosecutor's appeal is dismissed.
The court below dismissed the prosecution on the ground that the above workers had withdrawn their wish to punish the defendant as to the violation of each Labor Standards Act due to the unpaid wages of C, D, E, F, G, and H among the facts charged in the instant case.
However, while only the prosecutor appealed on the guilty portion of the court below on the ground of unfair sentencing, the dismissal of prosecution is not dismissed by both the defendant and the prosecutor, so the scope of this court's judgment is limited to the convicted portion of the court below.
Summary of Grounds for Appeal
The sentence of the lower court (one million won of a fine) is too unhued and unreasonable.
Judgment
In light of the circumstances that the total amount of wages which have not been paid without the extended payment deadline exceeds KRW 100 million, the defendant made considerable efforts to pay the wages of workers, and as a result, the total amount of wages which have not been paid is about KRW 25 million.0 million, the defendant's mistake is recognized, the defendant has been punished two times prior to a fine, the company's financial deterioration causes delayed payment such as wages, and the company's failure to pay in bad faith is more favorable. In light of the circumstances leading up to the crime of this case, circumstances after the crime of this case, the defendant's age, personality and conduct, environment, etc., as a whole, the court below's punishment is not deemed unfair, and the prosecutor's assertion is without merit.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.