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(영문) 서울남부지방법원 2015.12.03 2014노2237
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal that the defendant paid wages in arrears to workers D and decided to withdraw from the complaint, etc., the punishment (5 million won of a fine) imposed by the court below is too unreasonable.

2. In light of the purport of the Labor Standards Act that the Defendant did not have a large number of wages and retirement allowances, and that the Defendant would impose criminal liability on the unpaid wages and retirement allowances to ensure that the employees maintain their livelihood by receiving normal wages and receive compensation for lawful labor, the Defendant’s criminal liability is not provided, and the Defendant has been punished for the same crime several times, and there is no change in circumstances that may consider the sentencing after the lower judgment (as the Defendant asserted in the grounds of appeal, there is no evidence submitted that the Defendant paid wages in arrears, etc. to the employee or agreed on the payment of wages in arrears) and other circumstances that form the conditions for sentencing specified in the records and arguments of the instant case, such as the background leading up to the instant crime, circumstances after the commission of the crime, the Defendant’s age, environment, personality and conduct, etc., the sentence imposed by the lower court is too unreasonable

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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