근로기준법위반등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
provided that this ruling has become final and conclusive.
1. Of the facts charged against the Defendant, the lower court dismissed the prosecution as to the violation of the Act on Guarantee of Workers' Retirement Benefits for Workers listed in No. 3, a year among the details of the money and valuables in arrears by individual C Hospital in attached Form 3, and convicted the Defendant on the remainder of the facts charged. The only the Defendant appealed on the guilty part of the lower judgment on the ground of mistake of facts, misunderstanding of legal principles and unreasonable sentencing, and thus, the part of the lower judgment
Therefore, the scope of this court's judgment is limited to the conviction of the defendant.
2. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles have occurred before the Defendant acquired a hospital, and there has been unexpected expenses for the operation of the hospital. The so-called “office-general hospital” of the Defendant’s hospital was rapidly ill, and management has been improved by making efforts to overcome crisis, but the hospital was eventually transferred due to the arrival of the principal and interest of the loan and the rapid increase in the amount of retirement allowances.
Therefore, there is a reason to avoid liability for the defendant, because the defendant was not able to pay wages and retirement allowances.
B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.
3. Determination
A. Although an employer is not allowed to delay the payment of wages or retirement allowances to an employee solely on the ground that the company's assertion of mistake of facts and misapprehension of legal principles is unfair, if it is recognized that the employer was unable to prevent the delayed payment of wages or retirement allowances or retirement allowances even if all gender and efforts were made, and that the employer was no longer able to expect lawful acts or that it was an inevitable circumstance, such reasons shall be the wages prescribed in the Labor Standards Act or the Guarantee of Workers' Retirement Benefits Act.