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Reasons
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(영문) 수원지방법원 2015.04.22 2014노5381
근로기준법위반등
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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

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 (a fine of six million won) is too unreasonable.

2. In light of the fact that the total amount of wages and retirement allowances payable to the judged workers is not less than KRW 50 million, the Defendant’s liability is not less than the Defendant’s crime liability. However, considering the fact that the Defendant was aware of and against the time of committing the instant crime, that the Defendant agreed with the employee E at the time of the trial, that there was no record of punishment for the same kind of crime in the past, and that there was no record of punishment for the same crime in the past, and all other circumstances constituting the conditions of sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, circumstances after committing the crime, etc., the Defendant’s argument is too unreasonable

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.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence are the same as the corresponding part of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

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

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 (1) 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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