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(영문) 인천지방법원 2019.11.21 2018노3112
근로기준법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. (i) Wages that the Defendant (the second instance judgment of the lower court was not paid by the due date for mistake of facts) are only wages for two months, unlike the entries in the facts charged.

B. The punishment (one year of imprisonment and two years of suspended execution) of the judgment of the court below on the second unfair sentencing is too unreasonable.

B. The Prosecutor’s punishment (the judgment of the court of first instance and the judgment of the court of second instance: one year of imprisonment and two years of suspended execution) of the judgment of the court of first instance (unfair sentencing as to each of the judgment of the court of second instance)

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried at a concurrent hearing of each appeal case against the judgment of the court below. Each of the offenses committed by the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus a single sentence is to be rendered pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio reversal.

3. The Defendant asserts that the Defendant’s assertion of mistake of facts is purporting to the effect that, although he was unable to know the detailed contents of payment of wages, the overdue wages are merely two months different from the stated in the facts charged, since he/she was entrusted to CU as a general manager with both hotel operations and employment of employees.

(2) In light of the following circumstances acknowledged by the evidence duly adopted and investigated at the lower court and the lower court’s judgment, the Defendant, as the representative director of the Co., Ltd., shall be exempted from liability for the failure to pay wages and retirement allowances to workers as indicated in the facts charged, even though the Defendant appealed only to the second instance judgment and did not appeal against the first instance judgment.

Therefore, the defendant's assertion is without merit.

(1) Workers employed by C shall be the stock company.

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