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(영문) 대전지방법원 2016.05.12 2015노3225

근로기준법위반등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the facts and misapprehending the legal principles as to each part of the crime committed against AO (2013 high group workers No. 816) [2] AO [2013 high group workers] and BB (2013 high group workers once No. 843] and BG (2013 high group workers once a year No. 843) attached to the judgment of the lower court in the case, and by misapprehending the legal principles as to each part of the crime committed against AO (2 high group workers once a year No. 4. 860) attached to the judgment of the lower court in the case, since the Defendant submitted to the lower court a delayed payment agreement on August 18, 2014, stating the intention of not to punish workers AO, BB, and BG punishment, the lower court should render a judgment dismissing each of the above charges. However, the lower court erred by misapprehending the facts and misapprehending the legal principles that found guilty each of the facts charged.

B. [Attachment 2013 Highest 1004] The court below erred by misapprehending the legal principles on the case, even though the defendant did not properly state his/her property status on the property list in the rehabilitation procedure, it cannot be deemed as a “concepting property” and thus, it did not constitute a crime of fraud rehabilitation under Article 643(1)1 of the Debtor Rehabilitation and Bankruptcy Act.

(c)

The punishment sentenced by the court below to the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Ex officio determination 1) The summary of the facts charged as to the violation of the Labor Standards Act and the Labor Standards Act for Workers' Retirement Benefits against T (2013 high group 810) [2013 high group 810] as indicated in the judgment of the court below, and the summary of the facts charged as to the violation of the Labor Standards Act for Workers' Retirement Benefits in Annex A [2013 high group 843] attached to the judgment of the court below in the case / [2013 high group 810 [20 high group / 2013 high group 81,424,570 won in total of the wages and retirement allowances of retired workers as shown in Annex 4 (1) per annum) of the crime day table in the judgment of the court below was not paid without any agreement between the parties on the extension of the date. [2013 high group 843]