근로기준법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal: (a) the Defendant was a joint representative on February 28, 2012, and the Defendant was a joint representative on February 28, 2012; (b) the amount of wages paid to workers on February 2012; and (c) the Defendant, as a joint representative even after February 28, 2012, performed his/her work as a joint representative company E; and (c) the amount of wages paid to employees.
Even if this was paid ex post, so long as the employee did not withdraw his/her intent to punish the defendant, the defendant cannot be exempted from criminal liability due to the unpaid wages.
As such, although the defendant could recognize the violation of the Labor Standards Act as to the payment of wages to workers, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the defendant not guilty.
2. Determination
A. Review of the record of recognition reveals the following facts.
1) Co., Ltd. E (hereinafter “E”)
I Co., Ltd. (hereinafter “I”) on April 1, 2011
(2) On August 20, 201, the Defendant entered into a real estate purchase services contract (hereinafter “instant contract”) with the owner of the site for the project, namely, in relation to the promotion of the main complex development project on the land outside J. 54 parcels promoted by the I, with the intention to conclude a land purchase contract with the owner of the site for the project and to be paid the price of KRW 4.5 billion. 2) Thereafter, E concluded a real estate purchase services contract with the intent to extend the deadline for the purchase of the land and to modify the terms and conditions for the payment of the service cost, but failed to perform the land purchase services properly.
According to the instant contract, it is original.