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(영문) 광주지방법원 2014.03.21 2013노2727
근로기준법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The sentence (1.5 million won) of the lower court is too unreasonable.

Judgment

The fact that the defendant has been punished by a fine for the same kind of offense and that it has not been agreed with the victims until this court is disadvantageous.

However, it is advantageous that the defendant committed the crime of this case in a situation where he could not properly manage the corporate passbook due to the conflict with the management after the defendant was appointed as a statutory manager of the company that entered the rehabilitation procedure after he was appointed as a statutory manager of the company that entered the rehabilitation procedure, and there are other circumstances to be considered in the circumstance. In full view of the circumstances of the crime of this case, the court below's punishment is somewhat inappropriate and it is recognized that the defendant's assertion is unreasonable, since it is recognized that the defendant's punishment of this case is somewhat inappropriate.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The gist of the facts charged and the evidence admitted by this court is as follows: (a) the summary of the evidence changes the “1. Part of the Defendant’s legal statement” to “the Defendant’s legal statement in this court” as “the Defendant’s legal statement in this court; and (b) so, it is identical to each corresponding column of the lower judgment. Therefore, it

Application of Statutes

1. Article 109(1) and the main sentence of Article 36 of the Labor Standards Act (in cases of unpaid wages), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (in cases of unpaid retirement allowances), Article 110 Subparag. 1 and Article 26 of the respective Labor Standards Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades in violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits for each same worker);

1. Each selective fine for punishment;

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