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(영문) 의정부지방법원 2015.09.25 2015노533
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Co-Defendant A paid a considerable amount of money to N from November 201, 2012 to February 2013, 2013, the details of the overdue wages indicated in the annexed Table 1 (hereinafter “the details of the overdue wages in this case”) should be different from the fact at the time of the original adjudication. However, the judgment of the court below which found Defendant A guilty of the facts charged in this case is erroneous and adversely affected the conclusion of the judgment.

B. The lower court’s sentence of an unreasonable sentencing (a fine of eight million won) imposed on the Defendant is too unreasonable.

2. Determination

A. We examine the assertion of misunderstanding of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the overdue wage of this case was adjusted by stating the unpaid wages of each of the employees in arrears, ② the employees in arrears have consistently asserted the unpaid wages amount from the initial labor office to the prosecutor’s office, ② A acknowledges the fact that the employees in arrears had not been paid wages to 29 employees as indicated in the instant overdue wage details, and the employer did not state his motive or circumstance that A, who is responsible for paying wages to the said employees, has made up the unpaid wages (A refers to a statement that, by preparing on-site output reports, made it necessary to check the number of workers, working hours, etc. through U.S.), ③ The court below declared A to suspend the execution of execution for July 2, 200 for criminal facts that A did not pay wages to the employees in arrears as described in the instant overdue wage content, and the employer did not state his motive or circumstance that A, who is responsible for paying wages to the said employees in advance.

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