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Defendants are not guilty.
Reasons
1. The summary of the facts charged in this case is that Defendant A is the president of D (hereinafter “instant Foundation”) located in Cheongju-si Office C, and Defendant B is the president of the E Medical Care Center under the said Foundation.
Around October 8, 2014, the instant foundation entered into an agreement with an organization that provides workers with “paid once a year to pay their uniforms and labor.” Accordingly, even though the said foundation pays workers with their uniforms and labor once a year by November 30, 2016, the Defendants did not pay their uniforms and labor to the said workers by November 11, 2016.
As a result, the Defendants violated the collective agreement that constitutes a welfare expense.
2. Article 13 of the Criminal Act provides that an act performed through ignorance of the facts which comprise the constituent elements of a crime shall not be punishable.
However, it is stipulated that exceptions are applied to special penal laws pursuant to Article 8 of the Criminal Act, and this is also applicable to special penal laws pursuant to the proviso of Article 13 of the Criminal Act, and where there are special provisions referred to in the proviso of Article 13 of the Criminal Act, it refers to a case where there is a general letter that the establishment of a crime that is punished by other penal laws is not required, or where it is clearly possible to know such purport in the said provisions. Therefore, in the case of a violation of Article 31 (1) of the Trade Union and Labor Relations Adjustment Act, which are not recognized as a case where such special provisions exist, and a trade union that is punished by Article 92 (2)
As to the instant case, the evidence submitted by the Prosecutor alone is sufficient to say that the Defendants assumed office as the president of the instant Foundation and the president of the Medical Care Center (Defendant A: around October 8, 2016; around October 11, 2016; and around October 201, 2016; and until November 8, 2016, the new organization agreement was concluded.