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The prosecutor's appeal is dismissed.
Reasons
1. Although the summary of the grounds for appeal (the factual error and the misapprehension of the legal principle) can be recognized that the defendant is an employer responsible for the payment of the wage and retirement allowance in this case, the judgment of the court below which acquitted the defendant otherwise is erroneous in the misapprehension
2. Determination
A. The lower court rendered a judgment on the following grounds that it is difficult to view the Defendant as an employer who is the principal agent of the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act, and acquitted the Defendant.
① On January 23, 2014, the Defendant was appointed as the president of the C Cooperatives, but resigned on July 31, 2015, and E was appointed as a new president on July 31, 2015, but resigned on March 6, 2017, and thereafter the Defendant’s birth was appointed as the president on March 6, 2017. This does not seem to have any special reason or circumstance for the Defendant to designate the president as another person while actually operating the C Cooperatives.
② The F, as the representative of the C Cooperatives, filed an application for rehabilitation with the court 2017 combined12, and was decided to commence rehabilitation proceedings on July 3, 2017. The rehabilitation court decided that F, the representative of the debtor C Cooperatives, shall not appoint an administrator of the debtor C Cooperatives, and the F, the representative of the debtor, shall be deemed the administrator. The F was decided to authorize the rehabilitation plan for C Cooperatives on April 9, 2018 (where employees stated in the attached list of crimes retire, the time when the employees retire).
3. From January 1, 2018 to the same year, 32 workers, including those listed in the annexed list of crimes.
5.1.Pursuant to the agreement on the extension of the due date, the C Cooperatives retired from office, but did not receive wages and retirement allowances within fourteen (14) days from the date of retirement, and G, who is a person who is the defendant, is a certified public labor attorney on behalf of the workers.