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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and incomplete deliberation) did not clearly determine whether the wage agreement between the company in this case and the employees working on board constitutes an inclusive wage agreement, and if the wage agreement does not constitute an inclusive wage agreement, the defendant is obligated to pay wages. However, it is not reasonable to deny intention merely because the defendant has a legal dispute, and it is reasonable to clearly determine whether the allowance payment system of the company in this case is an effective comprehensive wage agreement through the Supreme Court decision, but the court below erred by misapprehending the legal principles, misapprehending the legal principles, and failing to deliberate.
2. Determination
A. The lower court, on the following grounds, sufficiently proven that the Defendant had intention to commit a violation of the Labor Standards Act due to a violation of a duty to liquidate money and valuables against D and a violation of the Workers' Retirement Benefit Security Act, to the extent that it is sufficiently proven that there was a reasonable doubt.
It is difficult to see
Based on the judgment, the defendant was acquitted.
If there is a ground for dispute over the existence of the obligation to pay wages, etc., there is a reasonable ground that the employer has not paid such wages, etc.
Therefore, the employer had the intent to commit a violation of Articles 109(1) and 36 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017).
It is difficult to recognize that there are grounds for dispute over the existence and scope of the obligation to pay wages, etc. shall be determined in light of the reasons for refusal of payment by the employer, the grounds for such obligation, the organization and size of the company operated by the employer, the business purpose, and all other circumstances at the time of dispute over the existence and scope of the obligation to pay wages, etc. Then, the civil liability of the employer is recognized ex post facto.