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(영문) 서울동부지방법원 2016.08.19 2016노751
근로기준법위반등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence of imprisonment (one year and six months) imposed by the court below on the guilty part of the judgment of the court below on the summary of the grounds of appeal is too unreasonable.

2. The Defendant’s crime of this case was committed in arrears with the number of employees who retired from office in the Defendant’s management company and the total amount of KRW 400,000,000,000,000,000,000,000,000,000,000,000 won

The retirement time of the instant workers was not fixed between the police officers in 2014 and the police officers in 2015, and even if there were circumstances where the company suffered difficulties due to the economic depression, as alleged by the Defendant, the employees continued to engage in business during the period of their retirement, and seems to have been paid a considerable amount of money from their clients. Considering the fact that the company AO was newly established in 2015 and runs a business similar to P, the process of which is not likely to be irrelevant to the Defendant, it is questionable whether the Defendant has made every effort to pay the employees’ wages.

As seen below, although workers expressed their intent not to be punished against the defendant in the trial, the above workers are not due to the receipt of wages and retirement allowances from the defendant, but rather to receive substitute payments or to cooperate in the payment procedure.

In full view of these circumstances, the sentence of sentence on the accused is considered inevitable.

However, there are circumstances for the defendant to be considered in the delayed payment of wages and retirement allowances, and the background and circumstances have expressed his/her intention that 20 workers do not want to be punished against the defendant, and his/her total wages and retirement allowances are 220 million won.

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