The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall be imposed on the defendant.

1. The sentence imposed by the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. Although the amount of unpaid wages and retirement allowances is considerably significant as 100 million won in total, the court below's punishment is somewhat unreasonable in light of the following: the defendant's mistake and reflects the defendant's payment of unpaid wages and retirement allowances by substitute payment of the company; the defendant's payment of the whole amount of unpaid wages and retirement allowances by substitute payment of the company at the court below; the defendant has no record of criminal punishment except for those sentenced to a fine of 100,000 won by violating the Punishment of Violences, etc. Act prior to about 30 years; and other various sentencing conditions specified in the records and arguments, such as the defendant's age, character

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. Articles 40 and 50 (AD, AE, AB, AF, AG, and H of the Criminal Act for the commercial concurrent crimes, and punishment for the violation of the Act on the Guarantee of Workers' Retirement Benefits against AB with the largest criminal situation among those violating the Act on the Guarantee of Workers' Retirement Benefits);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;