(영문) 인천지방법원 2020.05.08 2019노2824 | 리걸엔진

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(영문) 인천지방법원 2020.05.08 2019노2824

근로기준법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

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

2. In light of the fact that the amount of unpaid wages, etc. due to the instant crime is not significant, and that the Defendant’s liability for the crime is not weak if he/she finds economic and mental difficulties that the victimized workers had experienced, etc., are disadvantageous to the Defendant.

However, in light of the fact that the defendant recognized each of the crimes of this case and did not have any record of criminal punishment, the defendant paid part of the unpaid wages at the court below, paid 1 million won to E to workers, 500,000 won to D workers, and that the remaining unpaid wages are repaid in good faith, and that the defendant eventually closed down business on May 30, 2019, etc., considering the fact that the defendant did not pay wages, etc. due to business difficulties and does not seem to have been paid in bad faith, the defendant's age, character, environment, circumstances of the crime and circumstances after the crime, etc., the above argument by the court below is justified, and considering the sentencing conditions stated in the records, it is recognized that the punishment imposed by the court below is too unreasonable.

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment below. Thus, they are quoted as it is in accordance with Article 369

Application of Statutes

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) (amended by Act No. 15108, Nov. 28, 201); and

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