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(영문) 울산지방법원 2016.03.18 2015노1609
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the Defendant’s prosecution as to the violation of the Labor Standards Act due to the worker C’s payment of wages, among the facts charged against the Defendant, and convicted the Defendant of the remainder.

In regard to this, the part of the judgment of the court below against which only the defendant appealed, and the prosecutor fails to appeal, which dismissed the public prosecution, becomes final and conclusive separately. Therefore, the scope of the judgment of this court

2. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

3. The judgment of the defendant recognized his mistake and reflects, and operated the company in good faith for about 16 years, and appears to result in the instant dishonor due to external conditions, such as the invasion of shipbuilding games, etc., and approximately KRW 200 million out of the total amount of wages, retirement allowances, and other money and valuables in arrears paid by the defendant was compensated for substitute payment, and there was no history of criminal punishment, are favorable to the defendant.

However, the Defendant’s total delayed payment of wages to 27 workers is an amount equal to about 400 million won, and the Defendant did not pay wages, etc. to workers separately except for the substitute payment as seen earlier, and accordingly, a large number of workers still suffer from considerable economic suffering due to the Defendant’s failure to receive 200 million won wages, etc. As in the instant case, the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits impose heavy criminal liability on the Defendant for the unpaid payment of wages or retirement allowances, and in addition, in order to prevent the situation where the workers’ failure to receive due labor compensation, thereby threatening the guarantee of basic life and stable livelihood of old age.

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