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(영문) 대구지방법원 2016.08.26 2016노969
근로기준법위반
Text

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 (the penalty amounting to 6 million won) is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

According to Article 323(1) of the Criminal Procedure Act, the judgment of conviction must clearly state the facts constituting an offense, the summary of evidence, and the application of statutes in the course of the judgment of conviction. Thus, in a case where a judgment of conviction was omitted in whole in the course of the conviction, it constitutes a violation of law that affected the judgment under Article 383 subparag. 1 of the Criminal Procedure Act, and constitutes grounds for reversal (see Supreme Court Decision 2009Do3505, Jun. 25, 2009). According to the reasoning of the judgment below, according to the reasoning of the judgment below, the court below merely stated the summary of evidence and the application of statutes in the course of the judgment of conviction against the defendant, and it can be known that the judgment was omitted, which affected the conclusion of the judgment by

Therefore, the judgment of the court below is no longer maintained.

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

Criminal facts

The Defendant, as a real representative in the Gu and America, is an employer who runs a manufacturing business with 20 full-time workers.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant stated the Defendant’s indictment of KRW 18,089,40 as “18,00,00,000 for the total amount of wages of KRW 14 employees, including KRW 840,00 in June 24, 2015, which was retired from the said workplace on June 24, 2015, as well as KRW 18,089,40 in the indictment.”

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