근로기준법위반등
The conviction part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
The first instance court's judgment on the scope of this Court's adjudication on the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act against B, C, D, E, F, and G among the facts charged in the instant case, was dismissed, and convicted of the remainder of each crime. On the other hand, the part of the dismissal of the above public prosecutor's appeal which the prosecutor did not appeal was finalized after the lapse of the
Therefore, the scope of adjudication on the party shall be limited to the guilty part of the judgment of the court of first instance and the part of the judgment of the court of second instance, excluding the above dismissal of public prosecution.
The summary of the grounds for appeal is erroneous (as to the judgment of the court below of 200,000 won), since the Corporation T or S voluntarily retired on April 30, 2013, the defendant did not have any obligation to pay wages after May 2013, and even if he did not withdraw from the Corporation, there is no dispute over the timing of retirement and the amount to be paid. Although the amount of wages is limited to KRW 7 million and the amount of night duty allowance is limited to KRW 2 million, X did not pay it because it did not have any intention to violate the Labor Standards Act, even though the amount of wages is limited to KRW 7 million and the amount of wages to be paid at night duty allowance is limited to KRW 15 million.
The misunderstanding of the legal principles (total) had already been difficult to operate at the time of the Defendant’s returning to the instant workplace, and was making efforts to overcome the operational difficulties. However, the Health Insurance Corporation failed to resolve the operational difficulties and to pay wages to the employees of the instant case due to the fact that the Health Insurance Corporation misleads the Defendant, other than the instant workplace, as an office-based hospital operated by the Defendant, to seize the I Medical Foundation’s bank account by mistake.
Therefore, since there was no possibility of expectation of the lawful act against the defendant, the responsibility is dismissed.
The original judgment of the court below against the defendant on the total amount of unfair sentencing (with respect to the whole) shall be sentenced to imprisonment with labor for October.