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(영문) 인천지방법원 2016.11.10 2016노894
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts shall not pay wages to workers E in cash and shall not pay wages in arrears.

B. The sentence imposed by the lower court on the Defendant (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged based on the evidence duly adopted and examined by the lower court and the first instance court: ① Workers E was unable to receive KRW 1.5 million in total, 1.5 million in wages for November 31, 2014, 1.5 million in wages for December 2014, 1.5 million in wages for February 1, 2015, and 4.95 million in wages for February 2015; ② “E was aware of the fact that cash was received from the Defendant two times on October 19, 2014,” and the Defendant’s assertion that “E was unable to believe that the statement in the confirmation document issued by the Defendant on October 19, 2016 is insufficient to collect the amount of wages for the period of five months in total, including the amount of wages for the first and fourth years in arrears, and the Defendant’s assertion that he was unable to receive wages for the period of two hundred and nine years in total from the lower court’s judgment, instead of the Defendant’s allegation that he was paid wages for the period of five years in arrears.

B. In full view of various circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s sentence is too unreasonable, and thus, is not recognized as being too unreasonable, on the ground that the Defendant’s punishment is too unreasonable. In so doing, the lower court’s determination is unreasonable.

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