logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.06.26 2014노2840
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (two years of suspended execution and a fine of four million won in prison in October) is too unreasonable.

2. The judgment of the court below is a favorable circumstance that the defendant made a confession to commit the crime of this case, and there is no past record of criminal punishment exceeding the previous and fine, such as that part of the defendant's total amount of unpaid wages and retirement allowances ( approximately KRW 80 million) paid to retired workers as substitute payment of the Korea Workers' Compensation and Welfare Service, and that there is no record of criminal punishment exceeding the previous and fine. Meanwhile, the crime of this case is not paid to 26 workers in total without agreement on extension of the due date of payment, and its nature is not good. The wages and retirement allowances are core elements guaranteeing the basic life of workers, and thus, payment of wages and retirement allowances is not required to be punished separately under the relevant Acts and subordinate statutes, unlike ordinary default. Considering that the defendant's act of this case requires punishment corresponding thereto, even if the court below did not reach the above workers' total sum up until the above workers' age limit, the defendant's motive and circumstance that the defendant did not have reached an agreement on the payment of wages of this case, as well as the defendant's motive and circumstance that of this case are unreasonable.

3. In conclusion, the defendant's appeal is without merit, and Article 364 of the Criminal Procedure Act is not reasonable.

arrow