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(영문) 서울중앙지방법원 2017.10.13 2017노2681
근로기준법위반등
Text

The judgment of the first instance shall be reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The punishment sentenced by the first instance court (in the event of sentencing) on the summary of the grounds for appeal (in the event of sentencing, 2 million won) is too unreasonable.

2. In addition to the circumstances described in the column for the reasons for the sentencing of the first deliberation on the determination, the details of payment of part of the overdue wages to workers G are additionally confirmed, and considering the records of this case including the fact that a part of the employee's damage was compensated through the substitute payment, the above punishment sentenced by the first trial seems to be too unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the first instance court is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and the summary of evidence in the judgment of the court of first instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the relevant Act concerning facts constituting an offense, Articles 109 (1) and 36 of the Standard Labor Standards Act for the Selection of Punishment, and Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act (unpaid of Retirement Benefits);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to a violation of the Labor Standards Act for Workers D and a violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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