The judgment below

The guilty part shall be reversed.

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

The above fine shall be imposed on the defendant.

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. Article 1(1) of the Criminal Act shall apply to the method of conduct in accordance with Article 1(1) of the Criminal Act, in cases where the punishment is significantly changed even though there is no change in law after ex officio judgment on the guilty portion

As to the violation of each Labor Standards Act, the lower court applied Articles 109(1) and 36 of the current Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; Act No. 15108, May 29, 2018) that statutory penalty for the violation of each Labor Standards Act is imprisonment for not more than three years or a fine not exceeding 30 million won.

However, Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) that provides for a statutory penalty of not more than three years or a fine not exceeding 20 million won, the statutory penalty should be applied more pursuant to Article 1(1) of the Criminal Act.

3. While the prosecutor appealed against the entire judgment of the court below regarding the prosecutor's appeal concerning the dismissal of public prosecution among the judgment below, he did not state the grounds for appeal concerning the dismissal of public prosecution among the judgment below in addition to the grounds for appeal and the grounds of appeal, and even if examining the judgment below, he did not find the grounds for reversal ex officio on this part.

4. As there is no ground for appeal by the prosecutor against the dismissal of prosecution among the judgment below, the prosecutor's appeal against the dismissal of prosecution is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. Since there is no ground for ex officio reversal among the judgment below, the prosecutor's appeal against this part of the judgment

The judgment below

Since there exist grounds for reversal in the conviction part, the prosecutor's decision on the argument of unfair sentencing is reversed under Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's decision on the argument of unfair sentencing, and the following decision

【Reason for the Judgment of the Supreme Court】 Summary of the facts constituting a crime and evidence