The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

The court below dismissed the public prosecution and convicted the Defendant of the remainder of the charges on the grounds that the employees expressed their intent not to be punished after the prosecution of this case is instituted against the violation of the Labor Standards Act as stated in the List of Crimes (1) through 7, 10, 12, and 13, the List of Crimes (2) 1 through 3, and the List of Crimes (2) 1 through 3, 5, and 19, among the charges against the Defendant.

Since the Defendant appealed only to the guilty portion, the dismissed portion of the above indictment was determined separately as it is and excluded from the scope of adjudication of this Court.

Ultimately, the scope of the trial shall be limited to the conviction among the judgment below.

The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of suspended sentence for four months of imprisonment) is too unreasonable.

Judgment

The defendant paid wages and retirement allowances to his/her employed workers, and the payment of wages and retirement allowances is a key factor that guarantees the basic life of workers, and thus, the payment of such wages and retirement allowances is subject to separate punishment in the relevant statutes, unlike the case of default of ordinary debts, and the defendant has been subject to suspended execution once, and three times of punishment due to a fine, etc. are disadvantageous to the defendant.

However, the Defendant led to the confession of each of the instant crimes, and the Defendant agreed with most workers in the lower court, and expressed his/her intent that the said employee would not want to be punished against the Defendant in addition to the above employees E in the first instance trial. In the case of the remaining workers, it appears that the said employee would have received both wages and retirement allowances by receiving substitute payments after the instant crime, and taking account of the various other circumstances that form the conditions for sentencing as indicated in the records and arguments of the instant case, such as the Defendant’s age, sex, and environment.