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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall be imposed on the defendant.
Reasons
The court below dismissed each part of the prosecution on the grounds that the above worker did not wish to punish after instituting a prosecution on the violation of the Labor Standards Act for Workers B and the violation of the Guarantee of Workers' Retirement Benefits Act among the facts charged in the instant case, and sentenced all of the remaining facts charged guilty.
However, since the defendant appealed only for the guilty part for the reason that the sentencing is unfair as follows, the dismissal part of the indictment is separated and finalized as it is, the scope of this court's judgment is limited to the conviction part of the
2. The summary of the grounds for appeal (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable, and the defendant and his defense counsel expressed that the above employee did not want to be punished by the defendant under the agreement with the worker F. Thus, the court below's dismissal decision on the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act should be sentenced. However, according to Article 232 (3) and (1) of the Criminal Procedure Act, in a case where a crime cannot be prosecuted against the victim's clearly expressed intent, the expression of intent to revoke or not to punish the above employee can be decided until the court of first instance sentenced. Thus, in this case where the above employee expressed his intention not to punish the above employee only during the trial period, the court below's dismissal of the public prosecution against the violation of the Labor Standards Act and the violation of the Act on Guarantee of Workers' Benefits and the violation of the Act on Criminal Procedure cannot be dismissed.
Therefore, the above argument by the defendant and the defense counsel is without merit.
3. The instant crime is determined that the Defendant did not pay two of the E-Association workers employed by the Defendant for about one year and four months, and the unpaid period is long and unpaid wages.