근로자퇴직급여보장법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant
According to Article 323(1) of the Criminal Procedure Act, the judgment of conviction must clearly state the facts constituting a crime, the summary of evidence, and the application of Acts and subordinate statutes in the course of the judgment of conviction. In the event that a judgment of conviction was omitted in whole from one of them due to the conviction, it constitutes a violation of law that affected the judgment under Article 383 subparag. 1 of the Criminal Procedure Act (see, e.g., Supreme Court Decision 2011Do864, Dec. 13, 2011). According to the reasoning of the judgment below, the court below sentenced the defendant to a fine of KRW 3 million, and can find out the fact that the judgment was omitted due to the omission of facts constituting a crime. In light of the above legal principles, the judgment of conviction, which omitted the facts constituting a crime due to the conviction, is unlawful,
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The Defendant is the actual employer who ordinarily employs five full-time workers in Gwangju North-gu E and actually operates F.
(a) An employer shall pay any money or valuables, such as wages, within 14 days from the date of retirement, unless the employer has agreed on the extension of the payment period between the parties concerned;
Nevertheless, the Defendant’s retired workers C’s wages of 2,150,000 won in May 2, 2013, 2013, and the wage of 2,150,000 won in October 2, 2013, the wage of 2,150,000 won in October 2, 2013, the wage of 1,100,000,000 won in November 2, 2013, and the wage of 2,150,000,000 won in December 2, 2013, and the wage of 2,140,000,00 won in January 2, 2014, and the wage of 2,150,000 won in February 2, 2014, and the payment of 14,000 won in advance between the parties.