The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall be imposed on the defendant.

1. Of the instant facts charged against the Defendant, the lower court dismissed the prosecution against the Defendant as to the violation of the Labor Standards Act against Workers B, C (1981), K, E, F, N, H, P, J (1984) and K, and convicted the Defendant of the remainder of the facts charged. Since the Defendant’s appeal against the guilty portion becomes final and conclusive by the lapse of the appeal period, the part of dismissing the public prosecution for which the public prosecutor did not appeal against the Defendant, the lower court should be tried only for the convicted portion of the lower judgment.

2. The sentence imposed by the court below (one year of imprisonment with prison labor for four months) is too unreasonable.

3. It is recognized that the Defendant’s payment of unpaid wages to workers exceeds KRW 41 million, and that part of the unpaid wages still has not been paid, and that part of the unpaid wages have not been agreed with some workers.

However, in full view of the following factors: (a) the Defendant appears to have committed a crime; (b) the Defendant appears to be unable to pay wages to workers due to the deterioration in the management of the instant hospital; (c) the Defendant expressed his intent not to be punished by the said employee under the agreement with workers P, R, T, U, N, and S; (d) the Defendant has no record of criminal punishment prior to the instant case; and (c) the Defendant has no record of criminal punishment prior to the instant case; and (d) other sentencing conditions, such as the Defendant’s age, living environment, motive for the instant crime, and circumstances after the instant crime, the sentence imposed by the lower

4. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is also ruled as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to the facts constituting a crime and summary of evidence. Therefore, Article 369 of the Criminal Procedure Act is applicable to the relevant column of the judgment below.