근로기준법위반등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
except that from the date of this judgment.
1. Of the facts charged in the instant case, the lower court rendered a judgment dismissing employees E, F, G, and H from among the facts charged in the instant case, as to the violation of the Labor Standards Act against workers E, F, G, and H or violation of the Guarantee of Workers' Retirement Benefits Act, and sentenced the remainder of the facts charged.
Since the defendant and the prosecutor appealed only the guilty part, and the dismissal of the above dismissal part is separated or finalized, the dismissal of the above dismissal part shall be excluded from the scope of judgment in this court.
2. Summary of grounds for appeal;
A. The sentence of the lower court (ten months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.
Defendant’s defense counsel asserts to the effect that the actual overdue retirement pay or wages of some workers found guilty in his defense counsel’s written opinion on February 11, 2020 are different from the facts. However, this cannot be a legitimate ground for appeal as it is asserted after the lapse of the period for appeal submission.
However, even if examining ex officio, the court below's finding the defendant guilty on this part is just, and it does not seem to have erred in the misapprehension of facts, which affected the conclusion of the judgment, by misapprehending the fact otherwise, in full view of the following: (a) the defendant recognized the details of the delayed retirement pay or wage in the investigative agency; (b) the actual amount of the retirement pay with the exception of the retirement pension payment; and (c) the objective data supporting the fact that the actual amount was not paid as
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
3. Ex officio determination
A. The facts charged against workers L (2017No3156) is an employer who runs a manufacturing business by employing 13 full-time workers as an O representative director of the corporation located in Gyeyang-gu N in Gyeyang-gu in the Gyeonggi-gu in the Gyeonggi-gu.
An employer;