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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Comprehensively taking account of the evidence presented by the prosecutor as to the gist of the grounds for appeal, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby not treating them as an employee under the Labor Standards Act, and acquitted the Defendant of the facts charged.
2. The Defendant is an actual manager of E in the 12th floor of Busan Metropolitan Government DD building in Busan Metropolitan Government, who ordinarily employs 32 workers and engages in siren delivery business.
"2014 Highest 2328"
A. The Defendant who was unpaid retirement allowances to Workers F from June 1, 2012 to July 6, 2013 did not pay 2,276,867 won of retirement allowances to F retired from the said workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
B. The Defendant unpaid retirement allowances to G did not pay KRW 2,189,427 to G who retired from the said workplace from the said workplace from December 22, 2012 to January 15, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
C. The Defendant who was unpaid retirement allowances to Workers H did not pay KRW 1,823,585 of the retirement allowances to H, who was employed in the said workplace from December 26, 2012 to January 8, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
[Attachment 2015 Highest 2658] The Defendant worked in the said workplace from June 1, 2012 to July 6, 2013, and did not pay 6,930,170 won in total of two workers’ wages and retirement allowances within 14 days from the date of retirement, which is the date of the occurrence of the relevant cause for payment, as shown in the separate crime list, including KRW 300,000,00,000, as stated in the separate crime list.
3. Determination
A. Basic legal principles.