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(영문) 서울남부지방법원 2020.12.10 2020노90
근로기준법위반등
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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to four months) of the lower court is too unreasonable;

2. Although the total sum of the unpaid wages and retirement allowances does not reach 66 million won, the court below's punishment is heavy in full view of the following factors: (a) the defendant's mistake is recognized; (b) the defendant has agreed with all damaged workers in the trial; (c) the first offender who has no record of punishment; (d) the failure to pay wages to workers because it is difficult to operate the company due to the suspension of the stock price; and (e) the defendant's age, character and conduct, economic circumstances; (e) the motive and circumstance of the crime; and (e) circumstances after the crime.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Reason used in multi-case】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and the summary of evidence are the same as the corresponding column of the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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