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(영문) 창원지방법원 2014.11.20 2014노1606
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Of the facts charged in this case, the court below dismissed the public prosecution as to the violation of the Act on Guarantee of Workers' Retirement Benefits against the workers stated in the attached Table 1, 3 through 6, 8 through 21, 23, 26 through 28, 30 through 36, 38 through 40, 42 through 49, 54, 55, and 57 as stated in the judgment of the court below and the violation of the Act on Guarantee of Workers' Retirement Benefits against the workers stated in the attached Table 2, 3 through 10, 13, and 14, and since the prosecutor appealed on the grounds of unfair sentencing against the guilty portion, only the guilty portion of the judgment of the court below is subject to the judgment of this court.

2. The summary of the grounds of appeal is that each of the instant offenses is not paid 6,521,720 won, the sum of the wages of 14 workers as stated in No. 56,521,720 as stated in No. 1,72, 22, 24, 25, 29, 37, 41, 50 through 53, 56, and 58, within 14 days from the date of retirement without agreement on the extension of the due date between the parties, and is not paid 61,381,27 won in total for three workers as stated in No. 2, 12, and 2,381,27 won in total from the date of retirement without agreement on the extension of the due date between the parties concerned (the court below's suspended execution is unreasonable). In light of the fact that it is unreasonable that the Defendant did not pay the due date for late payment from the original contractor to his personal obligation, etc.

3. Taking into account the circumstances alleged by the Prosecutor, the fact that the Defendant confessions the Defendant and reflects the Defendant’s wrongs through a prison life with a maximum of five months of detention at the original instance, and that the Defendant was a party in the trial, and that he was a worker V (the number 1: 50 per annum and No. 2 per annum of crime sights, and the number 11 per annum) and W.

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