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(영문) 울산지방법원 2015.09.11 2015노383
근로기준법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The lower court dismissed the prosecution under Article 327 subparag. 6 of the Criminal Procedure Act on the ground that the victims expressed their intent not to be punished against the Defendant, among the facts charged in the instant case, as to the violation of the respective Labor Standards Act against L, I, K, and G and the violation of the Guarantee of Workers' Retirement Benefits Act, and convicted the Defendant of the remainder of the facts charged.

As to this, the defendant and the prosecutor filed an appeal on the grounds of unfair sentencing only for the guilty portion, the dismissal of the prosecution is separated and finalized as it is, and the scope of this court's judgment is limited to the conviction portion of the judgment below

2. The gist of the grounds for appeal is as follows: (a) the Defendant filed each appeal on the grounds that the lower court’s punishment (five million won of a fine) is too uneasible and unreasonable; and (b) the prosecutor filed each appeal on the grounds that the lower court’s punishment is too une

3. The crime of this case, which was committed against the victim workers, is that the defendant did not pay wages and retirement allowances to the victim workers, and the case is not less than 39 million won in total, and the unpaid wages and retirement allowances are not less than 39 million won in total, and the damage is not recovered, and the defendant has criminal punishment power of not less than 20 times in total, including fines imposed on eight occasions due to the violation of the same Act, and in particular, the defendant committed the crime of this case during the suspension of execution due to the crime of occupational breach of trust, etc., which is disadvantageous to the defendant.

On the other hand, the defendant recognized all the crimes of this case, and seems to be able to pay the unpaid wages and retirement allowances to the victims during the follow-up auction procedure for the property owned by C Co., Ltd., and seems to have endeavored to pay the unpaid wages and retirement allowances to other workers other than the victims of this case, and during the suspension of execution period.

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