근로기준법위반등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (the first instance judgment: the fine of KRW 5 million, the second instance judgment: the fine of KRW 500,000, the fine of KRW 500,000) imposed by the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant, this Court held ex officio the judgment of the court below Nos. 1 and 2 together with the judgment of the court below. Each crime in the judgment of the court below Nos. 1 and 2 is a concurrent crime under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.
3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and it is so decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the relevant Act concerning facts constituting an offense, Articles 109 (1), 36 of the Standard Labor Standards Act for the Selection of Punishment, and Articles 44 (1) and 9 of the Guarantee of Wages for Retirement of Workers;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to a violation of the Labor Standards Act for Workers D and a violation of the Guarantee of Workers' Retirement Benefits Act);
1. Selection of each alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant recognized each of the instant offenses, the fact that the Defendant delayed payment of wages, etc. due to the aggravation of company’s management, etc. is an element for sentencing favorable to the Defendant.
However, the total amount in arrears is 3.