The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-finding ① As the representative director of C Co., Ltd. (hereinafter “C”), the Defendant employed the instant workers belonging to D while entering into a contract to acquire assets from D Co., Ltd. (hereinafter “D”) around July 2007. However, C does not have any obligation to pay the said workers a total amount of retirement allowances for the previous D tenure of office, and C pays the said workers F and J, etc. with money in return for unpaid wages and retirement allowances under the pretext of loans, advance payments, etc., and the wages claimed by C are included in the portion of which they are not actually working. In light of such overall circumstances, the Defendant has a reasonable ground to dispute as to the existence or absence of the obligation to pay wages, etc. to the said workers, and therefore, there is considerable reason to pay wages, etc. to the said workers.

Therefore, the defendant has no intention to violate the Labor Standards Act.

② On July 2, 2010, the Defendant was appointed as the representative director of C on or around July 2, 2010, and the Defendant was the representative director, and thus, the period from the time when the Defendant was employed as the representative director of the said company to the time when the instant employee retired from office is about 10 months, and the Defendant was under extenuating circumstances that prevent the delayed payment of wages even though he/she fully made efforts with his/her possible gender, and thus, the Defendant has a reason to avoid liability for the violation of the Labor Standards Act

Nevertheless, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty.

B. Even if the conviction of an unreasonable sentencing decision is recognized, the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On the assertion that there is no intention in violation of the Labor Standards Act, (1) recognized facts.