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(영문) 수원지방법원 2020.05.21 2020노679
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine, one year of suspended execution) is too unhued and unreasonable.

2. The crime of this case is acknowledged that the defendant as an employer did not pay a total of KRW 16,647,90 to three workers within 14 days from the date of retirement, and that the wage paid by the worker is an important part that is directly related to the worker's livelihood, and that the crime cannot be deemed to be minor.

However, the fact that the defendant recognized the crime of this case as a substitute payment in depth, the defendant was unable to pay wages due to the aggravation of management while running his business in good faith, and there was no circumstance to deem it as not having been paid in bad faith. The defendant was prosecuted for the crime due to the failure to pay wages or retirement allowances to 61,177,59 won to 11 original workers and 8 employees were submitted at the court below, and accordingly, the part of the facts charged against the above workers was dismissed. The total amount of unpaid wages for workers M and N was paid as substitute payment, and part of the worker L was paid as substitute payment, and the defendant's age, character and conduct, environment, motive and circumstance leading to the crime, crime means and consequence, and circumstances after the crime, etc., it is not recognized that the court below's punishment is unfair.

Therefore, the prosecutor's above assertion is without merit.

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

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