logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.01.29 2014노3505
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (1.5 million won in penalty) is too unreasonable.

2. The judgment of the court below is in favor of the defendant, such as the confession of the crime of this case and the fact that there is no record of criminal punishment. However, the crime of this case is not appropriate for the crime of this case to be paid to the total five workers retired without agreement on extension of the payment date of the total amount of 9.9 million won, since the crime of this case is an essential element that guarantees the basic livelihood of workers, the non-payment of wages requires a corresponding punishment in light of the legislative purport of the Labor Standards Act which provides that the punishment should be imposed differently from the non-performance of ordinary obligation, and the defendant has not paid wages to the above workers, even before the judgment of the court below, there is no special circumstance or change of circumstances that can be newly considered after the sentence of the court below, and there is no balance in sentencing with the same and similar cases, the defendant's age, sex, environment, motive, means and result of the crime of this case, and all the records and changes in the sentencing stated in the records and changes after the crime of this case. Thus, the above assertion of the defendant cannot be justified.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the court below (Article 25(1) of the Rules on Criminal Procedure, “Article 109(1) and Article 36 of the Labor Standards Act (Optional to Penalty)” in the term “Article 109(1) and Article 36 of the Labor Standards Act (Optional to Penalty)” in the application of the statutes of the court below ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure shall be “Articles 70 and 69(2) of the Criminal Act”, and “1. The term “B” in the term “B” in the Criminal Act (amended by Act No. 12575, May 14, 2014).

arrow