근로기준법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal asserts that the victim has a claim of 3.5 million won per month from the defendant, but the defendant employs the victim at the monthly salary of 2.5 million won. As such, the amount of wages that the defendant has not paid to the victim shall not exceed the amount indicated in the facts charged of this case.
Nevertheless, the judgment of the court below which convicted all of the facts charged of this case is erroneous in misconception of facts.
2. The judgment of the court below also asserted the same purport as the above grounds for appeal.
The lower court rejected the Defendant’s assertion on this point on the grounds that it is reasonable to view that the monthly salary that the Defendant shall pay to the victim is KRW 3.5 million.
In light of the following circumstances acknowledged by the court below's evidence duly adopted and investigated by the court below, i.e., the victim submitted a petition to the Government Branch of the Central Labor Agency on July 27, 2015 that the defendant delayed payment of 7 million won for a month wage of 2 months. Accordingly, at around 16:30 of the same day, the private investigator stated that "it is necessary to recognize the delay in payment of wages of the respondent" (Evidence No. 4), ii) the defendant in fact remitted 2 million won to the bank account of the victim at around 18:10 on the same day without any particular objection (Evidence No. 17), iii) the defendant asserts that the amount of unpaid wages is KRW 5 million and the victim's total amount of unpaid wages is KRW 3 million,000,000,0000,0000,0000,0000,000 won, it appears that the defendant's assertion that the non-paid wages were 2 months on the premise that the defendant's total amount of wages paid to the victim within 3.1.