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(영문) 서울중앙지방법원 2019.09.20 2019노325
근로기준법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

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 up to eight months and two years of suspended sentence) of the lower court is too unreasonable.

2. It is recognized that the amount of the Defendant’s delayed payment of wages, retirement allowances, etc. exceeds KRW 290 million, and multiple damaged workers, etc.

However, it appears that the Defendant committed the instant crime due to business difficulties, such as the confession of all the instant crimes and the depth of the instant crimes, and there was no record of punishment exceeding the fine prior to the instant case, and the occurrence of losses at the construction site abroad, etc. In the investigation and the lower court trial, the Defendant actively endeavored to recover damage in the process of the instant crime (the first 68 workers, who were charged with delayed payment of wages and retirement allowances equivalent to KRW 1,45,000,000,000,000 for 68 workers), but the lower court agreed with 43 workers at the lower court. Meanwhile, even though the Defendant agreed with the first instance court on the fact that the Defendant did not dismiss the decision because this part of the crime was not a crime against intention, the Defendant did not dismiss the prosecution because it was not a crime against intention). In the first instance court, the Defendant’s effort to additionally provide the victimized workers D, M, and S with the payment of wages, etc., and the victim’s motive, motive and consequence of the instant crime, etc.

3. Thus, the defendant's appeal is justified.

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