근로기준법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal that the court below rendered on the defendant (five million won of a fine) is too unreasonable.
2. We examine the defendant's grounds for appeal ex officio prior to the judgment
The violation of the Labor Standards Act against workers D, G, E, and J and the violation of the Guarantee of Workers' Retirement Benefits Act have not been paid the wages and retirement allowances against D, etc. within 14 days from the date of each retirement, and each of the above crimes is in a mutually competitive relationship under Article 40 of the Criminal Act as one of several crimes.
Nevertheless, the court below dealt with this as substantive concurrent crimes. The court below erred by misapprehending the legal principles as to the number of crimes, which affected the conclusion of the judgment, and thus it cannot be maintained.
3. Accordingly, 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 below is again decided as follows after oral argument.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, and the main sentence of Article 9 of the same Act, respectively, concerning facts constituting an offense;
1. Articles 40 and 50 (Workers D, G, E and J of the Criminal Act, each violation of the respective Labor Standards Act against each other, violation of the Guarantee of Workers' Retirement Benefits Act, and each punishment provided for a violation of the Guarantee of Workers' Retirement Benefits Act with heavier punishment);
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with regard to D with the largest penalty) shall be 1.