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(영문) 대전지방법원 2019.06.26 2018노2877
근로기준법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 5,00,00) of the lower court is too unreasonable.

2. The fact that the amount of unpaid wages and retirement allowances is not substantial, the fact that there are no additional wages and retirement allowances paid by the defendant's efforts in addition to the payment of substitute payments by Korea Labor Welfare Corporation, and that there are records of past punishment for the same kind of crime is disadvantageous to the defendant.

However, in full view of various circumstances, such as the fact that the defendant recognized his mistake and reflects, the circumstances leading to the occurrence of each of the crimes in this case, and the fact that there are circumstances that are considered at the same time with the final and conclusive case related to the same kind (the Daejeon District Court Branch Decision 2018 High Court Branch Decision 2018 High Court Decision 1667), the sentencing of the court below is deemed unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act, Article 109 (1) and Article 36 of the Labor Standards Act, Article 114 subparagraph 1 and Article 17 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment (the remaining crimes except the violation of the Labor Standards Act due to non-issuance of an employment contract shall be applicable);

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

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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