logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.01.31 2019노2336
최저임금법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

The summary of the grounds for appeal (e.g., a fine of one million won) of the lower court is too unreasonable.

Judgment

In light of the fact that the defendant made confession of the crime when he was in the trial, and the fact that the defendant has reached an agreement with the victim, the court below's punishment is too unreasonable. Thus, the defendant's assertion is justified.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 28(1) and 6(1) of the Minimum Wage Act (the fact that each minimum wage is paid), Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; Act No. 15108, May 29, 2018); main sentence 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits (the fact that each wage is unpaid) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( space between a violation of the Labor Standards Act and a violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow