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(영문) 울산지방법원 2020.11.12 2019노128
근로기준법위반등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, from the date this judgment has become final and conclusive.

Reasons

1. The lower court dismissed the prosecution as to the violation of the Labor Standards Act or the Act on Guarantee of Workers' Retirement Benefits against Workers B, C, and D among the facts charged in the instant case, and sentenced the remainder of the facts charged.

As to this, only the defendant appealed against the guilty portion, and since the prosecutor did not appeal against the dismissal of the public prosecution, the dismissal of the above public prosecution which the defendant and the prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The gist of the grounds for appeal is too heavy.

3. The Defendant submitted a worker H’s written agreement to the lower court for the first time, and the Defendant agreed with the worker H on August 28, 2018, which was prior to the pronouncement of the lower judgment, but appears to have failed to submit the written agreement at the lower court’s stage due to inevitable circumstances, such as litigation, etc.

In full view of the fact that part of the wages in arrears has been additionally paid to workers who have not been agreed upon by considerable efforts, and that the Defendant appears to have caused the instant crime due to external factors such as the aggravation of the shipbuilding industry and the reduction of the unit price of the mother company, and that there is no criminal history exceeding the fine by the Defendant, and all other circumstances that form the conditions for sentencing specified in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and background of the crime, result of the crime, and circumstances after the crime, the punishment imposed by the lower court is too unreasonable, and thus, it is necessary to re-determine

4. The part of the judgment of the court below which found guilty is reversed and it is decided as follows through pleading.

【Reason of the Judgment of the Supreme Court Decision】 Each column of facts constituting a crime and a summary of evidence is stated in the judgment below.

Application of Statutes

1. The relevant legal provisions on criminal facts are prescribed by Act No. 15108, Nov. 28, 2017, respectively.

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