The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

The misunderstanding of facts (not guilty part in the original judgment) B is a worker of corporation E.

The sentence of unfair sentencing (one year and six months of imprisonment, three years of suspended execution, and 80 hours of community service order) of the lower court is too uneasible and unfair.

Judgment

The lower court found the Defendant not guilty of the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act among the facts charged in the instant case on the grounds that it is difficult to see that B falls under a worker under the Labor Standards Act, and that the Defendant cannot recognize the Defendant’s intention in arrears, such as wages, etc. with respect to B.

According to the records, the above judgment of the court below is just, and there is no error of misconception of facts as alleged by the prosecutor, and this part of the prosecutor's assertion is without merit

Article 1 (1) of the Criminal Act shall apply to ex officio judgment(s) where the punishment is significantly changed even if there is a change in the law after the revision of the Labor Standards Act, or where there is no change in the punishment.

As to the violation of each Labor Standards Act, the lower court applied Articles 109(1) and 36 of the current Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; Act No. 15108, May 29, 2018) that statutory penalty for the violation of each Labor Standards Act is imprisonment for not more than three years or a fine not exceeding 30 million won.

However, Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) that constitutes imprisonment with prison labor for not more than three years or a fine not exceeding 20,000 won (amended by Act No. 15108, Nov. 28, 2017). Therefore, Article 1(1) of the Criminal Act ought to apply more minor statutory penalty pursuant to Article 1(1) of the Criminal Act.

On August 8, 2018, the Defendant was sentenced to two years of suspended sentence in October due to the violation of the Labor Standards Act by the Suwon District Court on the violation of the Labor Standards Act, and the judgment on August 17, 2018 becomes final and conclusive.