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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. The lower court dismissed the Defendant’s prosecution as to the violation of the Labor Standards Act against Workers B, C, D, E, and F and the Act on Guarantee of Workers’ Retirement Benefits and convicted the Defendant of the remaining charges.
Since only the defendant appealed against the guilty portion, the dismissal of prosecution which the prosecutor did not appeal was separated and finalized as it is.
Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.
2. The summary of the grounds for appeal (e.g., a fine of KRW 2,00,000) imposed by the lower court is too unreasonable.
3. The amount of wages and retirement allowances that the Defendant did not pay is not a few.
However, it seems that the defendant reflects his own crime and the defendant has caused the crime of this case due to business deterioration, not to pay wages and retirement allowances in bad faith.
In the trial of the party, the worker J submitted a written application for a non-guilty punishment that does not want the punishment of the defendant, and the worker J seems to have received a substitute payment with the defendant's cooperation.
Considering these circumstances, the sentence of the court below is somewhat inappropriate.
4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied 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 of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of retirement allowances) regarding criminal facts;
1. The Commercial Concurrent Crimes Act.