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The judgment of the court below is reversed.
Defendants are not guilty.
Reasons
1. The summary of the grounds for appeal is that the Defendants are not in the position of employer and are not in a competitive relationship.
The Defendants are not held liable for the lack of expectation.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and erroneous.
Even if the judgment of the court below did not contain such errors, the sentence (the suspended sentence of six months of imprisonment with prison labor, the suspended sentence of a fine of three million won for the defendant C) that the court below sentenced is too unreasonable.
2. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged “2018 Highest 1527” is a person who was in office as the president of the International School Foundation JA (hereinafter “instant school juristic person”) from May 1, 2018 to September 20, 2018, and Defendant B was in office as the president of the said K college from August 3, 2018 to August 3, 2018, and the Defendants are 57 full-time employees engaging in educational services.
An employer shall pay wages at least once a month on a fixed date: Provided, That this shall not apply to extraordinary wages, allowances, or other equivalents, or those wages as prescribed by the Presidential Decree.
1. The Defendant, in collusion with A on March 1, 1984, did not pay KRW 9,887,430, which was the wage of September 2018, which was paid by the said workplace from September 1, 2018, to September 17, 2018.
2. Defendant B, from March 1, 1984 to October 17, 2018, did not pay KRW 6,396,090 of L, which had been working in the above workplace, on a regular wage payment date, as indicated in the [Attachment 2018 Highest 1527 Crime List (2], and did not pay KRW 15,577,130 of the total wages of four workers on a regular wage payment date as stated in the [Attachment 2018 Highest 1527 List of Offenses (2]. The Defendant did not pay KRW 15,57,130 of the total wages of four workers on a regular wage payment date as stated in the [Attachment 2018 Highest 1527 (3]]. The Defendant stated the [Attachment 2018 Highest 1527 (3].”