(영문) 서울중앙지방법원 2014.11.07 2014노3313

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2014.11.07 2014노3313

근로기준법위반

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal by the defendant;

A. misunderstanding of facts or misunderstanding of legal principles is an employee of Group F Co., Ltd., and the lower court recognized the dependent relationship between the Defendant and F on the grounds of F and G’s statements without credibility. Even if the dependent relationship is recognized, the Defendant already paid the F a retirement allowance of KRW 1,786,930 from March 2, 2010 to February 2, 2011, the lower court erred by misapprehending of legal principles or misapprehending of legal principles.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination:

A. Comprehensively taking account of the evidence duly adopted and examined by the court below, the court below's determination that there was a subordinate relationship between the defendant and F, since the fact that the defendant practically directed and supervised F in E operated by the defendant, and the defendant's failure to pay retirement pay to F, is justified.

Therefore, the defendant's above assertion is without merit.

B. In light of the following circumstances: (a) the Defendant was the primary offender without any criminal power; (b) the victim’s employee and civil case only consulted with the original offender; and (c) the victim does not want punishment against the Defendant; and (d) the Defendant’s age, criminal history, motive and background of the instant crime; (b) means and method of the instant crime; and (c) circumstances after the instant crime, the lower court’s punishment is somewhat unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is again ruled as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement 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. Article 109(1) of the Labor Standards Act concerning criminal facts

참조조문

-근로기준법 제109조 제1항

-형사소송법 제364조 제6항

-형사소송법 제369조

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