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(영문) 인천지방법원 2019.01.30 2018노2434
근로기준법위반등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for four months.

However, this decision is delivered to the Defendants.

Reasons

1. Of the facts charged in this case, the court below rejected the judgment of conviction as to the violation of the Labor Standards Act with respect to workers C, D, E, and F, and the violation of the Act on Guarantee of Workers' Retirement Benefits (However, the court below's ex officio pursuant to Article 25 (1) of the Regulations on Criminal Procedure, "the public prosecution as to the violation of the Labor Standards Act with respect to workers C, D, E, and F among the facts charged in this case is dismissed." The part of the judgment below's dismissal of prosecution as to the violation of the Act on Guarantee of Workers' Retirement Benefits with respect to workers C, D, E, and F and the violation of the Act on Guarantee of Workers' Retirement Benefits is dismissed. The court below's dismissal of prosecution as to the "Article 43" under Article 5, Article 30 of the Criminal Act, Articles 4, 1, 9, and 30 of the Guarantee of Workers' Retirement Benefits Act," and the remaining part of the judgment below's dismissal of prosecution as to "the remaining part of the appeal is dismissed."

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for each of six months and two years of suspended sentence and 40 hours of community service order) that the court below sentenced the Defendants are too unreasonable.

3. We examine ex officio the judgment on the grounds for appeal by the Defendants.

Article 1 of the Criminal Act provides that the establishment and punishment of a crime shall be governed by the Act at the time of the act, and when the punishment is more severe than the former Act due to the change of the Act after the crime, the violation of the Labor Standards Act among the facts charged in this case.

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