The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Although the crime of violation of the Labor Standards Act and the crime of violation of the Labor Standards Act as stated in the judgment of the court below is an ordinary competition relationship for each worker, the court below deemed it as a substantive competition under the former part of Article 37 of the Criminal Act and aggravated punishment for concurrent crimes. The court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of

B. The sentence of the lower court’s improper sentencing (five months of imprisonment) is too unreasonable.

2. We examine the determination of the misapprehension of the legal doctrine regarding the assertion of misapprehension of the legal doctrine. The crime of violation of Article 44 subparag. 1, Article 9 of the Workers’ Retirement Benefit Security Act, and Articles 109(1) and 36 of the Labor Standards Act due to the payment of wages, etc. should be deemed as an ordinary concurrent crime as stipulated under Article 40 of the Criminal Act (see Supreme Court Decision 2012Do13244, Apr. 25, 2013). Therefore, the crime of violation of the Labor Standards Act under Article 40 of the Criminal Act by workers R (attached Table 1, 5), U (Attachment No. 12), X (Attachment 12, 17), Y (Attachment 19), 5 (Attachment 23), AB (Attachment 25), and S (Attachment Table 25), and the crime of violation of the Labor Standards Act under Article 40 of the Act on the Guarantee of Workers’ Benefits.

Nevertheless, there is a substantive competition between the violation of the Act on the Guarantee of Retirement Benefits for each worker and the violation of the Labor Standards Act.

The judgment of the court below is erroneous in the misunderstanding of legal principles as to the number of crimes, and the judgment of the court below cannot be maintained any more.

3. If so, the defendant's appeal is with merit. Thus, the defendant's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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