근로기준법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. In light of the summary of the grounds for appeal and the circumstance of the company, the punishment imposed by the court below (5 million won of fine) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
In the trial court, the prosecutor added "violation of the Guarantee of Workers' Retirement Benefits Act" to the defendant's name of the crime, and the applicable provisions of this case to the applicable provisions of this case are "The Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201)". Articles 31 and 9 were added to "Articles 31 and 9 were applied for amendments to the indictment, and since this court's permission was changed to the subject of the judgment, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts; Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201); and the choice of fines for negligence
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;
1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order include: (a) the sum of wages and retirement allowances that a defendant has not paid to his/her workers within a given period exceeds KRW 20 million; and (b) the defendant has no record of criminal punishment, but has no record of investigation record.