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(영문) 대전지방법원 2014.02.06 2013노2159
근로기준법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (five million won of fine) is too unreasonable.

2. In light of the number of damaged workers and the amount of unpaid wages, etc., each of the crimes of this case is deemed not to be light. However, the defendant led to confession and reflects each of the crimes of this case, immediately after the decision of the court below was rendered, most of the unpaid wages and retirement allowances were paid to the injured workers, and the written agreement with six of the 7 injured workers was submitted, the first offender was the first offender, and other sentencing conditions such as the defendant's age, character and conduct, environment, and circumstances after the crime are considered to be somewhat unreasonable. Thus, the defendant's above assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts; Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201); and Articles 44 Subparag. 1, 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of retirement allowances to D and G); and Articles 44 Subparag. 1, 9 (which means the payment of retirement allowances to E, H, I, and J) of the same Act

1. The provisions of Articles 40, 50 (the respective Labor Standards Act against D, E, G, H, I, and J and the provisions of each Act against the guarantee of workers' retirement benefits under the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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