The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The judgment of the court below against the defendant on the summary of the reasons for appeal (the punishment amounting to three million won, the provisional payment order) is too unreasonable.

2. The amount of wages and retirement allowances that the Defendant did not pay is considerably 30 million won in total.

However, the defendant appears to have an attitude of recognizing and opposing the crime in the trial, and the fact that the above worker does not want the punishment against the defendant by mutual consent after paying part of the unpaid wages and retirement allowances to the worker F, there are circumstances in which the defendant provided accommodation to the above worker, and the defendant is a primary offender who has no criminal record, and all of the sentencing conditions in the arguments in this case, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, the court below's punishment is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and a summary of evidence recognized by the court below and the summary of the evidence are as stated in the corresponding column of the judgment below, except that the first phrase “1. The Defendant’s partial statement” in the first letter as “1. The Defendant’s only stated in the trial court’s original statement” is as stated in the corresponding column of the judgment below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 28(1), Article 6(1) of the Minimum Wage Act (which means the payment below the minimum wage), Article 109(1), Article 36 of the Labor Standards Act (which means the payment of wages), Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which means the payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violating the Labor Standards Act and the crimes of violating the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act) are more severe.