(영문) 의정부지방법원 2016.06.03 2015노3309

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.06.03 2015노3309

근로기준법위반등

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal is that the punishment (one million won in penalty, and one million won in lawsuit costs) imposed by the court below is too unreasonable and unfair (the defendant explicitly withdraws his assertion of misunderstanding of facts or misapprehension of legal principles on the second trial date). 2. The crime of this case is that the defendant did not pay wages and retirement pay to retired workers; in light of the content of the crime, the crime is not less strict; and the unpaid retirement pay, etc. is not less than 7.5 million won in total, which is disadvantageous to the defendant.

However, it appears that the defendant has been able to argue about the existence and scope of the obligation to pay retirement allowances in the form of legal principles, and all of the crimes of this case have been recognized during the past trial, and the defendant has committed the crime of this case, and deposited 10 million won in aggregate of the principal and delayed damages such as unpaid retirement allowances, and there is no record of criminal punishment before the case, and other favorable circumstances such as the defendant's age, sexual conduct, environment, background and method of the crime of this case, circumstances after the crime, and criminal record relation, etc., the sentence imposed by the court below is unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is as follows: (a) except for the addition of “1. Defendant’s oral statement at the trial court” to the summary of the evidence, the same is as the corresponding column of the judgment of the court below; and (b) thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense (the payment of wages) and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (the retirement payment)

유사 판례

-의정부지방법원 2016.07.22 2016노846

-창원지방법원 통영지원 2017.11.28 2017고단1601

-광주지방법원 2018.05.03 2017노3068

-대전지방법원 2017.02.23 2016고단3533

-수원지방법원 성남지원 2017.11.24 2017고단1304