The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall be imposed on the defendant.

1. As to the violation of the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits in the instant facts charged, the lower court rendered a judgment dismissing the public prosecution pursuant to Article 327 subparag. 6 of the Criminal Procedure Act on the ground that each of the above workers was dismissed after instituting the instant prosecution after the Defendant filed a complaint, and convicted the remainder of the facts charged except this. Since the Defendant and the Prosecutor appealed only to the guilty portion among the lower judgment, the dismissed part of the indictment was separately determined as is.

Therefore, the scope of the judgment of this court against the judgment below is limited to the conviction except the dismissed part of the above indictment.

2. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (4 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

3. From among the facts charged in the instant case, the part of violation of the Labor Standards Act regarding D and the Act on Guarantee of Workers’ Retirement Benefits cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on Guarantee of Workers’ Retirement Benefits. According to D’s written withdrawal of complaint, a certificate of personal seal impression, etc. additionally submitted in the first instance trial, the employee D submitted a written withdrawal of complaint to the lower court on May 28, 2015, which is the date of the instant indictment, on which May 28, 2015. Thus, the lower court convicted the Defendant of this part of the facts charged under Article 327 subparag. 6 of the Criminal Procedure Act, and thus, the lower judgment was no longer maintained.

4. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the aforementioned grounds for reversal ex officio. The judgment of the court below is reversed, and the following is again decided after pleading (the court below).