The judgment below

The remainder, excluding the dismissed part, shall be reversed.

A defendant shall be punished by imprisonment for four months.

1. Of the facts charged in the instant case, the lower court sentenced workers C, D, E, F, and G to the dismissal of public prosecution on the ground that each of the above workers withdraws his wish to punish after the prosecution, and sentenced the rest of workers to eight months of imprisonment and two years of suspended execution, recognizing that the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act were guilty.

However, the defendant appealed against the guilty portion among the judgment of the court below, and since the prosecutor did not appeal against the judgment of the court below and the above dismissal of the public prosecution becomes final and conclusive, the scope of this court's judgment is limited to

2. The summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) of the lower court is too unreasonable.

Although there was an agreement with R,O, P, Q, and N among unpaid workers, the lower court did not render a judgment dismissing public prosecution.

3. (1) Before determining the Defendant’s grounds for appeal, the lower court ex officio determined the Defendant’s grounds for appeal by determining that the violation of the Labor Standards Act due to nonperformance of the obligation to liquidate money and valuables by each employee and the violation of the Act on Guarantee of Workers’ Retirement Benefits due to failure to pay retirement allowances are in a commercial concurrent relationship.

However, since Article 34 of the Labor Standards Act was revised simultaneously with the enforcement of the Guarantee of Workers' Retirement Benefits Act, it is reasonable to view that the Guarantee of Workers' Retirement Benefits Act and the Labor Standards Act constitute a special law and a general law. Ultimately, in cases where an employer is liable to pay retirement allowances to employees after the date of entry into force of the Guarantee of Workers' Retirement Benefits Act and the employer fails to pay retirement allowances to employees within 14 days from the date of entry into force of the Guarantee of Workers' Retirement Benefits Act, not the Labor Standards Act