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(영문) 서울중앙지방법원 2015.01.09 2014노3914
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) in the first instance is too unhued and unreasonable;

2. Determination of the instant wage and retirement allowance in arrears amounting to approximately KRW 56 million, and multiple previous charges, which were punished by a fine under a summary order, are disadvantageous to the Defendant. However, there are circumstances to consider the Defendant’s confession and reflect on the instant crime; the Defendant, as a person operating a specialized construction business, was punished due to a violation of the several times Labor Standards Act due to several business sites; the Defendant appears to have been paid overdue wages, etc. due to substitute payments, etc.; and the Defendant’s payment of overdue wages, etc. to the instant workers appears to have been considerably recovered from the damages. Taking full account of all other circumstances that are favorable to the Defendant, such as the Defendant’s age, character and behavior, environment, criminal records, the background of the instant crime, circumstances after the instant crime, etc., and the sentencing conditions specified in the records and arguments, the Prosecutor’s assertion is without merit.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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