The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall be imposed on the defendant.

1. Summary of the grounds for appeal: Imposition of the penalty (six months of imprisonment, two years of suspended execution, and 120 hours of community service)

2. Determination

A. Determination ex officio: To consider ex officio prior to the judgment on the grounds for appeal by the defendant violating the principle of law at the time of action.

As to the facts charged in this case against the Defendant, the lower court held that the statutory penalty of Article 109(1) of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019) is “a imprisonment for not more than three years or a fine not exceeding thirty million won.”

Article 36 of the Labor Standards Act provides that an employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for the payment thereof occurred when a worker dies or retires. A violation of Article 109 of the Labor Standards Act due to delayed payment of wages, etc. is established at the expiration of 14 days from the date when the cause for the payment thereof occurred (see, e.g., Supreme Court Decision 94Do1477, Nov. 10, 1995). The establishment and punishment of a crime are in principle governed by the Act at the time of the act (see, e.g., Article 1(1) of the Criminal Act). Since the retirement date of the instant employee is September 14, 2017, the facts charged in the instant case are amended by Act No. 15108, Nov. 28, 2017; and thus, the statutory punishment against the crime in question shall be applied to “a fine not exceeding 200,000 won” under Article 13.

However, the court below applied the new law that was more severe punishment, which affected the conclusion of the judgment, is a violation of the law.

In this respect, the judgment of the court below cannot be maintained.

B. Whether the sentencing is excessive (affirmative) Furthermore, we examine the Defendant’s argument that the sentencing is excessive.

The fact that the sum of the wages that the defendant paid to the workers reaches 21,780,000 won, and that the workers are expected to suffer a considerable economic suffering, etc. is disadvantageous to the defendant.

However, the defendant is the case.