근로기준법위반등
The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall be imposed on the defendant.
1. Summary of the grounds for appeal: Sentencing (a fine of three million won is imposed);
2. Ex officio determination
A. On July 5, 2019, the Seoul Central District Court sentenced ten months of imprisonment and two years of suspended sentence to the violation of the Labor Standards Act at the Seoul Central District Court on July 5, 2019, and the said judgment became final and conclusive on July 13, 2019.
Each crime in the judgment of the court below is a concurrent crime between the violation of the Labor Standards Act and the latter part of Article 37 of the Criminal Act. Therefore, the judgment of the court below cannot be maintained any more.
B. As to the violation of each of the statutory provisions of this case’s charges, the statutory penalty under Article 109(1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; Amended by Act No. 15108, May 29, 2018) is “a imprisonment with prison labor for not more than three years or a fine not exceeding twenty million won.” Article 36 should be applied. However, the lower court erred by misapprehending the statutory penalty, and the statutory penalty under Article 109(1) of the current Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter “a fine not exceeding three years or thirty million won”) is “a fine not exceeding three million won”
Since Article 36 was erroneous, the judgment of the court below can no longer be maintained in this respect.
3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows.
[Reason] The summary of facts constituting an offense and evidence admitted by this Court is a summary of the facts constituting an offense and evidence, except for the first head of the judgment of the court below to add "the defendant of criminal records was sentenced to 10 months of imprisonment with prison labor for a violation of the Labor Standards Act at the Seoul Central District Court on July 5, 2019 and 2 years of suspended execution, which became final and conclusive on July 13, 2019."