근로기준법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.
2. 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, criminal facts in the judgment of the court below are the fact that the defendant did not pay wages and retirement allowances to retired workers within 14 days from the date on which the cause for such payment occurred without special circumstances, and this constitutes a violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act as one act, and there is an ordinary
The court below erred by misapprehending the legal principles on the number of crimes, thereby adversely affecting the conclusion of the judgment.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following decision is delivered without examining the prosecutor's argument of unfair sentencing.
Criminal facts
The summary of facts constituting an offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. The crime of this case with the reason of sentencing under Article 62(1) of the Criminal Act is wages and retirement allowances for workers within a certain period, even though the defendant had a reason to pay wages and retirement allowances.