beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal by the defendant;
A. The court below erred by misapprehending the legal principles on the following grounds.
(1) The Defendant, according to the labor contract with D, deducted a monthly amount of KRW 500,000 (i.e., KRW 1.5 million per month, including electricity charges of KRW 350,000 per month) and paid KRW 1.8 million per month or KRW 2 million per month to D. As such, the Defendant paid wages of KRW 2.3 million per month or KRW 2.5 million per month as wages.
(2) As the Defendant did not know that the agreed wage with D is below the minimum wage amount, the Defendant did not have intention to pay the wage.
B. The punishment of the lower judgment that was unfair in sentencing (one million won) is too unreasonable.
2. Determination
A. As to the assertion that there is no unpaid wage as to the assertion of fact-finding, the defendant and his defense counsel asserted the same as the grounds for appeal on this part at the court below, and the court below rejected the above assertion in detail by giving a detailed explanation of the argument and its decision under the title "the determination of the defendant and his defense counsel". In comparison with the above judgment of the court below, the above judgment of the court below is just and acceptable, and there is an error of law that affected the conclusion of the judgment by misunderstanding facts.
subsection (b) of this section.
(2) If there is a ground for dispute as to the existence of an obligation to pay wages, etc. with respect to the assertion that there was no intention, there is considerable reason for the employer to have not paid such wages, etc.
Therefore, the employer had the intent to commit the crime of violating Articles 36 and 109 (1) of the Labor Standards Act.
It is difficult to recognize
The issue of whether there is any ground for dispute as to the existence and scope of the obligation to pay wages is the reason for the employer's refusal of payment, the ground for the obligation to pay it, the organization and size of the company operated by the employer, and other matters.