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(영문) 울산지방법원 2018.08.10 2018노492
근로기준법위반등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

However, from the date this judgment becomes final and conclusive.

Reasons

1. Of the facts charged in the instant case, the lower court dismissed each of the public prosecution against the violation of the Labor Standards Act by workers C, D, E, F, G, and H, and the violation of the Workers’ Retirement Benefit Security Act, and convicted the remaining workers of the violation of the Labor Standards Act and the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits Act.

However, since the defendant appealed only to the guilty portion of the judgment of the court below, and did not appeal both the defendant and the prosecutor with respect to the dismissal portion of the public prosecution, the dismissal portion of the court below's judgment becomes final and conclusive separately, and only the guilty portion is subject to

2. The decision of the court below on the gist of the reasons for appeal (6 months of imprisonment) is too unreasonable.

3. The instant crime is an unfavorable circumstance to the Defendant, in light of the following: (a) the Defendant was in arrears with approximately KRW 210 million in total, including retirement allowances for 38 employees who retired from office in the company of its operation; and (b) the number of victimized employees and the amount of late retirement allowances, etc. in consideration of the number of victimized employees and the amount of late payment of retirement allowances, etc.; and (c) causing considerable economic and mental distress to victimized employees and their family members.

However, in light of the fact that the defendant shows an attitude against his mistake, there are some circumstances to consider the fact that the ship company has failed to pay retirement allowances, etc. to workers on the wind that the ship company has aggravated, the fact that there are additional agreements with 17 workers, the fact that the claim to be paid in the Hyundai Heavy Industries, which is the prime contractor, shows a considerable amount of KRW 120 million, and the above amount is expected to be paid to workers, the fact that there is no history of punishment exceeding the fine, and the defendant's age, sex, family environment, motive and background of the crime, the means and consequence of the crime, and the result of the application of the sentencing guidelines of the Supreme Court sentencing committee, etc., the sentence sentenced by the court below is somewhat somewhat.

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