The judgment below

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

A defendant shall be punished by imprisonment for six months.

1. The lower court rendered a judgment dismissing the prosecution as to the violation of the Labor Standards Act against B, C, D, and E among the facts charged in the instant case, the violation of the Labor Standards Act against F, and the violation of the Guarantee of Workers' Retirement Benefits Act, and convicted the remainder of the facts charged.

However, since the defendant appealed only for the guilty part and the dismissal of the above indictment is separated or finalized, the scope of the judgment of this court is limited to the guilty part of the judgment below.

2. The summary of the grounds for appeal (defendants) of the lower court’s punishment (two years of imprisonment with prison labor for up to eight months and suspension of execution) is too unreasonable.

3. Despite the fact that the amount of wages and retirement allowances that the Defendant did not pay is approximately KRW 58 million, the Defendant did not make any effort to pay it up to now. As seen below, the employees’ overdue wages, etc. were paid as substitute payments by the Korea Workers’ Compensation and Welfare Service, but the substitute payments were operated with the charges that other employers pay, and the financial burden following the payment of substitute payments is ultimately transferred to other employers, and there is no evidence to deem that the Defendant paid the amount of substitute payments to the Korea Workers’ Compensation and Welfare Service.

The defendant did not receive a letter from the employees other than S, M,O, and L, and the defendant had a record of being issued a summary order of KRW 500,000 as a violation of the Labor Standards Act from the Gunsan Support of the Jeonju District Court on March 30, 2016.

However, the Defendant does not seem to have paid wages, etc. in bad faith, and the Korea Labor Welfare Corporation paid substitute payments to the instant workers from March 13, 2019 to July 17, 2019, as the Korea Labor Welfare Corporation paid wages of KRW 4,000,000 among the wages of KRW 9,850,000 among the wages of KRW 9,850,000 among the wages of KRW 4,000 among the wages of KRW 20,000 among the wages of KRW 20,000 among L, 4,00,000 among the wages of KRW 5,157,150 among L, 4,00,00 among the wages of KRW 5,150 among the wages of arrears