근로기준법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The lower court dismissed the prosecution as to the violation of the respective Labor Standards Act and the Act on Guarantee of Workers' Retirement Benefits against B, C, and D among the facts charged in the instant case, and convicted the remainder of the facts charged.
Since the appeal period has expired, the part on which the public prosecutor did not appeal because only the defendant appealed the part of conviction, the scope of the trial shall be limited to the remaining part except the part on which the public prosecution is dismissed.
2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) is too unreasonable.
3. Where an ex officio determination employer fails to pay wages and retirement allowances to a retired worker within 14 days from the date on which the ground for such payment occurred, the crime of violating the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits is established. Each of the above crimes is an ordinary concurrent relationship due to one act.
According to the records, the part on workers G, I, and P among the facts constituting the crime in the judgment of the court below is that the defendant did not pay wages and retirement allowances to the retired worker within 14 days from the date on which the cause for the payment occurred without any special circumstances, and this is one act of committing a violation of the Labor Standards Act and a violation of the Guarantee of Workers' Retirement Benefits Act
The court below erred by misapprehending the legal principles on the number of crimes, thereby adversely affecting the conclusion of the judgment.
4. 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, on the grounds of ex officio reversal, and the following decision is rendered after oral argument.
Criminal facts
Criminal facts recognized by this court as well as summary of evidence shall be as stated in the respective corresponding columns of the original judgment.