logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.02.05 2014노995
근로기준법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the original judgment is too unreasonable.

2. The Defendant’s judgment is disadvantageous to the Defendant, in light of the fact that the Defendant did not pay to four workers the amount of wages and retirement allowances, and that the Defendant did not agree with the workers until the trial, or did not pay wages to workers, etc., and that the Defendant had the same criminal records.

However, in light of the following: (a) the Defendant’s mistake is divided and rebuttaled by the Defendant; (b) the Defendant experienced difficulties in accepting the State; (c) was deemed to have made considerable efforts to normalize the management of the Company; (d) however, the Defendant appears to have resulted in the instant crime due to the aggravation of business management; (b) the circumstances leading up to the deterioration of business management; (c) there are circumstances that may be taken into account; and (d) the employees appear to continuously endeavor to pay wages, etc.; and (d) other sentencing conditions such as Defendant’s age, economic situation, character and conduct, environment, motive and circumstance of the offence; and (e) the motive and consequence of the crime before

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the judgment is rendered again as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, or Article 9 of the Act on the Aggravated Punishment, etc. of Workers' Retirement Benefits (a point of which payment of retirement allowances is not made) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Article 70(1) of the Criminal Act for the detention of a workhouse.

arrow