근로기준법위반
The part of the judgment of the court of first instance and the judgment of the court of second instance against Defendant A are all reversed.
Defendant
A. Imprisonment.
1. The summary of the grounds for appeal 1) The Prosecutor’s sentence (the first instance court: the two-year suspended sentence to Defendant A for six months; the second instance court: the two-year suspended sentence to Defendant A for six months; the two-year suspended sentence to Defendant A for six months; the community service work 120 hours; and the fine of five million won to Defendant B) is too unfford and unreasonable.
2) Defendant A (Article 2 of the lower judgment) (1) The Defendant was unable to pay wages to the workers even though he was unable to receive the construction cost and made efforts due to the failure of the contractor to pay the construction cost.
Therefore, there was no possibility that the defendant could expect the lawful act.
(2) The punishment of the lower court, which is unfair in sentencing, is too unreasonable.
2. As to the judgment of the court below 1, the prosecutor ex officio with respect to Defendant A filed an appeal against the judgment of the court of first instance, and both parties filed an appeal against the judgment of the court of second instance, and the court decided to hold concurrent hearings
However, each crime of the first and second judgment is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the judgment below and the second judgment cannot be maintained as it is.
However, although there are grounds for reversal of authority above, Defendant A’s assertion of mistake is still subject to the judgment of this court, and this is examined.
3. The crime of violating the obligation to pay wages and retirement allowances, etc. prescribed in Articles 109 and 36 of the Labor Standards Act regarding Defendant A’s assertion of misunderstanding of facts was committed by the employer in the best effort to pay the said amount. However, the employer is exempted from liability only if an inevitable circumstance that was unable to pay the said amount within the payment period due to financial difficulties, etc. due to financial difficulties, etc. is recognized in light of the social common sense, and the employer cannot be exempted from liability merely because it was impossible for the employer to pay the said amount by
In addition, it is impossible to pay wages or retirement allowances by the due date.