근로기준법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 300,000 won.
The above fine shall not be paid by the defendant.
1. The judgment of the court below which found the defendant guilty of the facts charged in this case in the absence of a duty to pay a retirement allowance to the worker since the defendant's main reason for appeal C (hereinafter "the workplace of this case") is a workplace with less than five full-time workers.
Even if it is not so, the punishment of a fine of KRW 300,000 imposed by the court below is unreasonable.
2. The lower court, ex officio, applied Articles 109(1) and 36 of the Labor Standards Act to the facts charged in the instant case.
However, according to Articles 109(1) and 36 of the Labor Standards Act, the Act on the Guarantee of Workers' Retirement Benefits enacted by Act No. 7339 on January 27, 2005, which came into force from December 1, 2005, and Article 34 of the amended Labor Standards Act, the punishment for unpaid retirement benefits to workers after the enforcement date of the above Act shall not be governed by Articles 109(1) and 36 of the Labor Standards Act, but Articles 3
(1) The court below's decision that applied the Labor Standards Act to the facts charged in this case is erroneous in the application of the Act, since the facts charged are only different from the name of the crime and the applicable provisions of Acts, and there is no possibility of causing substantial disadvantage to the defendant's exercise of his/her right to defense, and therefore, the judgment below cannot be maintained any more.
However, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of this court, which will be examined below.
3. Judgment on misconception of facts or misapprehension of legal principles
A. Article 11 of the relevant legal principles, Article 7 attached Table 1 of the Enforcement Decree of the Labor Standards Act, Article 34 of the Labor Standards Act, Articles 1 and 3 of the Addenda to the Guarantee of Workers' Retirement Benefits (Act No. 7379, Jan. 27, 2005) and Article 8-2 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 22409, Sept. 29, 201).