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(영문) 부산지방법원 2015.07.10 2015노783
근로기준법위반등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that from the date of this judgment.

Reasons

1. The court below sentenced a judgment dismissing a public prosecution on part of the facts charged of this case, and the part becomes final and conclusive without filing any other complaint, and the scope of the trial is excluded from the scope of the trial of this court, and the scope of the trial of this court is limited to the conviction of the court below against which

2. The summary of the grounds for appeal is too unreasonable that the imprisonment of eight months imposed by the court below on the defendant is too unreasonable.

3. The crime of this case is established that the defendant did not pay the total amount of 650 million won of wages and retirement allowances of 36 retired workers by the statutory deadline for payment, and that the case is not easy in light of the number of damaged workers and the amount of wages in arrears. Since wages and retirement allowances are core elements guaranteeing the basic livelihood of workers, it is stipulated that the act of not paying them should be punished separately under the relevant Acts and subordinate statutes unlike the case of general default, and that there are multiple workers agreed with the defendant even though the defendant did not receive all delayed wages, etc. from the defendant even though he did not receive all delayed wages.

However, the defendant recognized each of the crimes in this case and against his mistake, and due to the management difficulties of the company operated by the defendant, the defendant delayed payment of wages to workers, and the defendant also seems to have sufficient economic conditions. The defendant has reached the trial and further agreed (it refers to 13 workers in unpaid wages) with 23 workers, and the above workers do not want the punishment of the defendant. The sum of the unpaid wages and retirements to the employees who have not been agreed is equivalent to 240 million won, and the amount of unpaid wages and retirements to the employees who have not yet agreed is equivalent to 240 million won. This is also a substitute payment by the Korea Workers' Compensation and Welfare Service.

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