근로기준법위반등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
provided that this ruling has become final and conclusive.
1. The lower court rendered a judgment dismissing a public prosecution against the violation of the Labor Standards Act with respect to workers B among the facts charged in the instant case, and rendered a judgment of conviction against the remaining facts charged.
Since only the Defendant appealed against the guilty portion of the judgment of the court below, the dismissed part of the judgment of the court below was separated and finalized and excluded from the scope of the judgment of the court below.
2. Summary of grounds for appeal;
A. Despite the fact-finding workers’ monthly wage of F is 2 million won, and the worker G’s monthly wage is 2.5 million won, the lower court calculated the unpaid wage and retirement allowance on the premise that the above F F’s monthly wage is 2.5 million won, and that the above G’s monthly wage is 2.7 million won.
Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.
3. An ex officio determination prosecutor requested to permit changes in the contents of the previous facts charged with F and G as stated in the following facts, and the subject of the judgment was changed by this court's permission.
Therefore, the judgment of the court below is no longer maintained.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the existence of such reasons for ex officio reversal, and this is examined below.
4. In full view of the evidence duly adopted and examined by the court below as well as witness F and G’s respective legal statements, it is found that the defendant delayed the payment of wages and retirement allowances to workers F and G as stated in the following criminal facts. The court below found that the defendant calculated unpaid wages and retirement allowances based on the premise that the defendant agreed to the workers F and the workers G to pay each wage of KRW 2.5 million per month, and that the calculation of unpaid wages and retirement allowances is erroneous.