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(영문) 인천지방법원 2020.06.04 2020노219
근로기준법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The lower court dismissed the prosecution against the Defendant as to the violation of the respective Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act against the victims B and the victims of the case 2018Dadan2420 as indicated in the facts charged against the Defendant. Of the lower judgment, the prosecutor did not appeal against the dismissed part of the lower judgment.

Therefore, this part is excluded from the object of the appellate trial because it is separated and finalized.

2. Summary of grounds for appeal;

A. As to Defendant 1’s misunderstanding of facts or misunderstanding of legal principles, in relation to the violation of the Labor Standards Act on Victim AL in the 2018 Godan18 case and the violation of the Act on Guarantee of Workers’ Retirement Benefits, the victim AL expressed his/her intention not to punish the Defendant on January 31, 2020, this part of the prosecution should be dismissed.

B) As to the violation of the Labor Standards Act against the Victim AJ in the case of 2018 Godan18, the lower court’s judgment, on September 1, 2018, when the Victim AJ retired, the wage claim (wages from December 1, 2012 to June 2015) accrued three years prior to September 15, 2018 (wages from September 14, 2018), which was due to the expiration of three years prior to the expiration of the extinctive prescription period, cannot be punished as a violation of the Labor Standards Act. 2) As such, the sentence (one year and six months of imprisonment) imposed by the lower court on the extinguished portion of wages is too unreasonable.

B. Prosecutor 1) With regard to the fraud of the case in the judgment of the court below on the erroneous determination of facts, in full view of the fact that the defendant stated that he would not have borrowed money from the Korea Credit Guarantee Fund if he had known that he could not obtain additional loans from the Korea Credit Guarantee Fund, and that the defendant voluntarily caused the situation in which additional loans could not be granted without paying taxes even if he borrowed money from the victim and paid taxes in full, the defendant should be deemed to have no intention to repay and ability to repay from the beginning. 2) The sentence of the judgment of the court on unfair sentencing sentenced by the court below on unreasonable sentencing

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