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(영문) 서울중앙지방법원 2019.06.14 2018노3120
근로자퇴직급여보장법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 6 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and one year of suspended execution) of the lower court is too unreasonable.

2. The number of damaged workers is seven, and the total amount of retirement allowances in arrears is about 61 million won.

However, it is the confession, reflect, and the first offense of the defendant.

The defendant had been in arrears due to the aggravation of the financial situation of the company in the course of technology development.

In order to recover damage to damaged workers, the defendant prepared a letter of payment of overdue wages in his personal name and received authentication from a notary public, and made efforts to pay overdue wages and pay retirement allowances by transferring technology to the competition company.

After the judgment of the court below, the provisional attachment execution made to the defendant's personal property as the creditor of the Korea Labor Welfare Corporation is deemed to have been executed, and some of the damaged workers seem to have been paid substitute payment from

The defendant has developed and sold braille terminals for visually disabled persons, and the defendant has developed and held to contribute to society through the "technology for development of braille display for visually disabled persons".

In addition, considering the sentencing conditions, such as the defendant's environment, motive, means and consequence of the crime, the sentence of the court below is deemed to be too unreasonable.

Defendant’s assertion is with merit.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The corresponding legal provisions concerning criminal facts and the guarantee of workers' retirement benefits of choice of punishment, respectively;

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