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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall be imposed on the defendant.
Reasons
1. The lower court dismissed the prosecution on the violation of the Labor Standards Act among the facts charged in the instant case, and convicted the remainder of the charges.
In regard to this, only the defendant appealed the appeal, and the reason for appeal is that the court below misleads the defendant about the guilty part of the judgment of the court below or misleads the legal principles of the punishment heavier, and further, the appeal for the defendant is based on the purport that the defendant claims for a favorable judgment by correcting a disadvantageous judgment against the defendant. Thus, the defendant cannot have the right to appeal unless the judgment is disadvantageous to him. In the case of dismissal of public prosecution, the defendant is returned to the state where no prosecution was instituted and goes beyond the risk of conviction, and thus the judgment cannot be deemed disadvantageous to the defendant (see, e.g., Supreme Court Decision 85Do1675, Nov. 8, 198). In light of the above, it is reasonable to deem that the dismissal part of the judgment of the court below
Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.
2. Summary of grounds for appeal;
A. The lower court determined that, with respect to the period from July 7, 2010 to July 7, 2011, for which a new wage agreement was not concluded, the minimum wage should be calculated and paid on the basis of 220 hours, which is the contractual work hours stipulated in the previous wage agreement in 2008. However, the Defendant and the workers agreed to pay the wages applying the new wage agreement in 201, which was concluded on September 9, 201, regarding the said period, the contractual work hours should also be 150 hours as stipulated in the wage agreement in 201.
In addition, night work allowance and life-saving bonus shall be included in the minimum wage due to the characteristics of the taxi transport business, and the defendant shall pay the worker the minimum wage.