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(영문) 울산지방법원 2019.08.22 2019노192
근로기준법위반등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that from the date of this judgment.

Reasons

1. The lower court rendered a judgment dismissing the prosecution against the violation of the respective Labor Standards Act against F, G, M, H, and I among the facts charged in the instant case and the violation of the Guarantee of Workers' Retirement Benefits Act, and convicted the remainder of the facts charged.

However, the defendant filed an appeal against the guilty portion, and since all the defendant and the prosecutor dismissed the public prosecution, the dismissal part of the above public prosecution becomes final and conclusive as is, the scope of this court's judgment is limited to the guilty part of the judgment below.

2. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

3. The Defendant’s crime of this case regarding the grounds for appeal is an unfavorable circumstance against the Defendant in light of the following: (a) the Defendant did not pay an employee a total of KRW 35 million, such as wages, annual allowances, and retirement allowances; and (b) the amount of unpaid wages, etc. is a large amount; and (c) the crime is not good

However, there are circumstances that make it difficult to take into account the circumstances and circumstances as follows: (a) the defendant led to the confession of the crime of this case; (b) while the defendant was in office in the planning real estate company, he acquired and operated the company by solicitation of the above company owner; (c) but he did not pay wages, etc. for reasons of lack of corporate management experience and real estate economy; (d) employee D who did not pay wages has succeeded to the employment relationship as a person who was employed by the former owner; and (c) the amount of wages was somewhat excessive to KRW 10 million per month; and (d) the defendant did not have any same power; and (e) there was no other criminal records before and after the suspension of the execution of the first time, and there was no other criminal records, such as the defendant's age, character, environment, motive and background leading to the crime of this case, its means and result, and the circumstances after the crime.

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