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(영문) 부산지방법원 2018.02.13 2017노4609
근로기준법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 2,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for a period of eight months) is too unfluent and unfair.

2. Before determining the grounds for appeal by the prosecutor ex officio, the crime of violation of the Labor Standards Act due to the violation of the duty to specify the working conditions in the judgment of the court below is a fine not exceeding five million won, which is a fine not exceeding five million won in its statutory penalty, and then selects imprisonment for each of the remaining crimes, and the crime of violation of the Labor Standards Act due to the breach of the duty to specify the working conditions in each of the most severe workers E pursuant to Article 38(1)2 and 3 of the Criminal Act is subject to an aggravated punishment for concurrent crimes of violation of the Labor Standards Act due to the violation of the duty to specify the working conditions in each of the most severe workers E, and the remaining punishment for each of the crimes shall be imposed concurrently with imprisonment for the aggravated punishment for the crime of violation of the Labor Standards Act due to the violation of the Labor Standards Act due to the payment of wages to the worker N who has the most severe penalty. In this regard, the court below's decision cannot be maintained further.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 114 subparag. 1, Article 117 of the Act on the Standards of Employment for Criminal Fact-finding, and Article 114 subparag. 1, and Article 17 of the Act on the Standards of Employment for the Selection of Punishment (Violation of Duty to specify Terms and Conditions of Employment), Articles 109(1), and 43 of the Act on the Standards of Employment (Unpaid of Wages, Selection of Each Imprisonment), Articles 110 subparag. 1, 53(1) of the Act on the Standards of Labor (the fact that a violation of restriction on overtime work is committed, each of the labor standards laws, respectively.

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