The judgment below is reversed, and the case is remanded to the Daegu District Court Panel Division.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to the records, while appealed against the judgment of the first instance, the Defendant asserted a mistake of facts, etc. as the grounds for appeal along with unfair sentencing, but withdrawn the grounds for appeal such as mistake of facts, etc. as alleged on the fifth trial of the lower court, and only left the grounds for unfair sentencing as the grounds for appeal.

In such a case, a final appeal shall not be filed with the Supreme Court on the ground of a new argument, such as an error of misconception of facts against the rules of evidence.

Furthermore, even if ex officio records are examined, there is no error as claimed by the defendant in the judgment below.

2. In the so-called crime of non-violation of intention, the absence of the expression of intention in the punishment for the so-called crime of non-violation of intention is a passive litigation condition, and thus, the court shall investigate and determine it ex officio, even if the parties

(1) Article 109(2) of the Labor Standards Act provides that “The act of violating the Labor Standards Act due to the payment of wages under Articles 109(1) and 36 may not be prosecuted against the express will of the victim.” Article 232(3) and (1) of the Criminal Procedure Act provides that “The act of violating the Labor Standards Act due to the payment of wages under Articles 109(1) and 36 may not be prosecuted against the express will of the victim.” Article 232(3) and (1) of the same Act provides that “The act of expressing the wish not to withdraw or punish the express will of the victim may be brought against the express will

According to the records, among the victims of the violation of the Labor Standards Act among the facts charged in the instant case, the intention to withdraw the wishing to punish the Defendant under the name of V (No. 18) and AS (No. 25).