Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

A. misunderstanding of facts and misapprehension of legal principles are merely workers who worked as daily wages and are not employers.

Nevertheless, the court below found all of the facts charged of this case guilty. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

Article 1 of the Criminal Act provides that a person who violates Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter “former Labor Standards Act”) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won, while Article 109(1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter “former Labor Standards Act”) provides that “Any person who violates Article 36 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30,000 won.” However, Article 109(1) of the Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter referred to as “the Act”).

Therefore, since the legal penalty of the new law is more severe than that of the former law, the former Labor Standards Act, which is the time of the act, is applied to the facts charged in this case, but the court below erred by misapprehending the legal principles on the punishment of the defendant by applying the new law, so the judgment of the court below is no longer

However, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of this court despite the above reasons for reversal of authority.

B. As to the assertion of misunderstanding of facts and misapprehension of the legal principles, arbitrari shall be paid to any worker of the applicable legal principles.