근로기준법위반
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment of the lower court (the fine of KRW 500,000) is too unreasonable.
B. Prosecutor 1) misunderstanding of facts (the fact of failure to pay an advance notice of dismissal) workers D is erroneous in the misapprehension of facts that the court below judged D as a worker under probation and not guilty of this part of the facts charged, even though it is not an employee under probation, who is an exception to the application of the advance notice of dismissal under Article 35 of the Labor Standards Act, and thus, affected the conclusion of the judgment. 2) The sentence of the court below on unreasonable sentencing is too
2. The lower court found the Defendant not guilty of this part of the facts charged on the ground that there is room to view that the aforementioned D constitutes a worker under probation, and the evidence submitted by the prosecutor alone is insufficient to readily conclude that the Defendant had a duty to give prior notice 30 days prior to the dismissal of workers D or to pay ordinary wages for more than 30 days.
Examining the judgment of the court below closely with the records of this case, the judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the public prosecutor.
Therefore, the prosecutor's argument of mistake is without merit.
3. The lower court’s punishment is reasonable within the reasonable scope of discretion, and there are no circumstances to deem that the above sentencing conditions have been changed, considering the following: (a) the Defendant made confessions and reflects on the facts charged in which the Defendant was found guilty; (b) the Defendant has no record of punishment exceeding the fine; (c) the nature of the offense was not serious; and (d) the Defendant’s age, character and conduct; (b) the motive and means of the offense; and (c) the circumstances after the offense.
Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.
4. The appeal filed by the Defendant and the prosecutor in conclusion is without merit.