(영문) 의정부지방법원 2019.06.28 2018노2081

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(영문) 의정부지방법원 2019.06.28 2018노2081

근로기준법위반등

Text

The judgment below

The guilty part shall be reversed.

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

The above fine shall be imposed on the defendant.

Reasons

1. Of the facts charged in the instant case, the lower court rendered a judgment dismissing public prosecution against the violation of the Labor Standards Act and the Act on Guarantee of Workers' Retirement Benefits, and convicted the Defendant of the violation of the Act on Guarantee of Workers' Retirement Benefits.

Since only the Defendant appealed against the guilty portion of the judgment below, the dismissal of prosecution in the judgment below was separated and finalized, and excluded from the scope of the judgment in the trial.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

In principle, the establishment and punishment of a crime shall be governed by the Act at the time of an act (Article 1(1) of the Criminal Act): Provided, That when a punishment is more light than the former Act due to the change of an Act after an offense, the new Act shall apply.

(2) As to the violation of the Labor Standards Act against workers E, the lower court applied Article 109(1) of the current Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter “former Labor Standards Act”), which is a statutory penalty of not more than three years, or a fine not exceeding 30,000 won, among the facts charged in the instant case, Article 109(1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter “former Labor Standards Act”).

Therefore, the judgment of the court below cannot be maintained as it is because it erred by applying the new law, although the new law does not change compared to the old law.

3. As such, the guilty part of the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows.

[Separate Judgment] Summary of facts constituting an offense and evidence recognized by the court is separate from the judgment of the court below.

참조조문

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