근로기준법위반
The guilty portion of the judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 200,000 won.
Defendant.
1. The first instance court, among the facts charged against the Defendant, prosecuted against the violation of the Labor Standards Act with respect to workers B, among the facts charged against the Defendant; the second instance court, among the facts charged against the Defendant, prosecuted against the violation of the Labor Standards Act with respect to workers K, L, M, N,O, P, Q, Q, S, T, U,V, W, and X; the third instance court, among the facts charged against the Defendant, dismissed the public prosecution against the Defendant as to the violation of the Labor Standards Act with respect to workers BA, BG, BG, BI, and BJ (No. 1, 2, 3, and 5 of the attached Table No. 3 of the judgment of the lower court) from among the facts charged against the Defendant. Since only the Defendant filed an appeal against the guilty part of each of the judgment below, the dismissal part of each of the above dismissal of prosecution is separately determined as it is and excluded from the judgment of this court.
2. Summary of grounds for appeal;
A. Since misunderstanding of facts or misunderstanding of legal principles (as to the third judgment of the court below), the Defendant agreed with the worker BE (as to the part on the attached Form No. 5 of the judgment of the court of the third instance) prior to the pronouncement of the judgment of the court of the third instance after the prosecution of the case against the Defendant, the prosecution on this part of the facts charged shall be dismissed.
Nevertheless, the lower court’s judgment convicting the Defendant of this portion of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion
B. Each judgment of the court below on the defendant's unfair sentencing (the first judgment of the court below: 1 year of suspended sentence and 200,000 won of fine in April, 2 year of suspended sentence in April, 2 year of suspended sentence, 3 year of suspended sentence in April, and 4 months of imprisonment) is too unreasonable.
3. Ex officio determination (as to the guilty part of the original judgment), we examine ex officio prior to the judgment on the grounds for appeal by the defendant.
A. The judgment of the court below Nos. 1, 2, and 3 against the defendant on the ground of ex officio reversal following the combination was handed down in order, and the defendant filed each appeal against this. The court above.