Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

A. misunderstanding of facts (the violation of the Labor Standards Act due to workers' assault among the facts charged in the instant case): The defendant has no assaulted the victim.

B. Unreasonable sentencing: The sentence of the lower judgment (a fine of four million won) is too unreasonable.

2. The judgment of the court below ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio determination is based on the following grounds for reversal.

1) The summary of the facts charged in this case’s indictment is as follows: “The employer shall prepare and deliver to the employee a document specifying matters concerning working conditions, such as the constituent elements of wages, calculation method, method of payment, contractual work hours, holidays, and annual paid leave, etc. When concluding a labor contract. Nevertheless, the Defendant did not prepare and deliver the above written labor contract when entering into a labor contract with E from June 25, 1992.” The above crime of violation of Article 111 subparag. 1 and 22 of the former Labor Standards Act (amended by Act No. 286 of May 10, 1953) is a fine not exceeding KRW 10 million, and thus, the statutory penalty under Article 11 subparag. 1 and 22 of the former Labor Standards Act (amended by Act No. 8730, Dec. 21, 2007); Article 3 of the former Criminal Procedure Act (amended by Act No. 1382, Dec. 13, 2007).

If so, the court below found the defendant guilty of this part of the facts charged without imposing an acquittal pursuant to Article 326 subparagraph 3 of the Criminal Procedure Act, and further rendered a single sentence by treating the facts charged and the remaining crimes in the judgment of the court below as concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below is justified.