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(영문) 의정부지방법원 2019.05.16 2018노2098
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 700,000) imposed by the court below is unreasonable.

2. As a result of the appellate court’s examination of whether the sentencing of the first instance is unfair, unless there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, this shall be respected as

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of all the sentencing conditions (the fact that the Defendant was sentenced to a fine of KRW 500,000 as a violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act even in 2015, and that there was a history of being sentenced to a fine of KRW 500,000 as a result of the violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits, the unpaid amount of wages and the unpaid period, etc.) as the grounds for appeal, even if the lower court considered all the sentencing imposed by the Defendant as the grounds for sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015) including the circumstances (the confession of criminal conduct, the employee’s payment of wages through the substitute payment system, and the Defendant’s payment of wages is not likely to be unfair

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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