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(영문) 광주지방법원 2013.05.24 2012노1182 (1)
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (one million won of fine) is too heavy when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. Although there are favorable circumstances, such as having no particular criminal history for the Defendant, recognizing all of the instant crimes, against his mistake, etc., the Defendant did not pay approximately KRW 5.5 million for the total amount of wages employed by three workers, and the Korea Workers’ Compensation and Welfare Service did not make any effort to pay wages in arrears on behalf of the Defendant, and the Defendant did not agree with the employees until now, taking into account all of the sentencing conditions indicated in the records and arguments, such as the Defendant’s age, character and conduct, environment, and circumstances before and after the commission of the instant crime, etc., the Defendant’s punishment imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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