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(영문) 의정부지방법원 2017.01.10 2016노2903
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is merely a deduction of food expenses, lodging expenses, etc., and does not have paid wages below the minimum wage.

B. The sentence of the lower court that is unfair in sentencing (200,000 won) is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake of fact 1) Under Article 43 (1) of the Labor Standards Act, wages must be paid in full to workers in currency, and if the defendant paid wages below the minimum wage amount after deducting food, accommodation expenses, etc. from the wage, it is reasonable to deem that the defendant violated Article 6 (1) of the Minimum Wage Act.

2) Therefore, the Defendant’s assertion of mistake is without merit.

B. Determination 1 on the unfair argument of sentencing is recognized as having no criminal record for the defendant, and the fact that the court below agreed with the victims.

2) However, in full view of the following circumstances: (a) the Defendant denies and did not oppose the crime; (b) paid wages below the minimum wage to foreign workers; (c) the nature of the crime is not good; (d) there is no change of circumstances following the pronouncement of the lower judgment; and (e) the Defendant’s age, circumstances leading to the crime; and (e) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., even if considering the favorable circumstances of the Defendant, the lower

3) Therefore, there is no reason to believe that the above sentencing by the defendant is unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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