beta
Text
The judgment below
The guilty part shall be reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. The lower court found the Defendant guilty only on the violation of the Labor Standards Act with respect to workers B among the facts charged in the instant case, and dismissed all the prosecution on the violation of each of the Labor Standards Act against the remaining workers and the violation of each of the Act on Guarantee of Workers' Retirement Benefits.
However, among the judgment below, the defendant appealed only the guilty portion among the judgment below, and the petition of appeal submitted by the defendant's defense counsel stipulated that "the defendant is dissatisfied with all the judgment below," but the defendant cannot appeal the judgment dismissing the public prosecution (see Supreme Court Decision 82Do3076, Dec. 13, 1983) and the appellate brief does not challenge the part dismissing the public prosecution. Thus, it is so decided as above.
Since the dismissal of public prosecution is not dismissed by both the defendant and the prosecutor, and the above dismissal of public prosecution in the judgment below is separated and finalized, the scope of this court's judgment is limited to the portion of the judgment of conviction.
2. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the lower court is too unreasonable.
(3) The crime of this case is an unfavorable circumstance where the Defendant did not pay the employee B wages of KRW 37,929,688 within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties, and the Defendant appears to not pay the unpaid wages to the employee B up to the date of the trial.
However, it appears that the defendant recognized the crime of this case against his mistake when he was in the trial, and the defendant seems to have violated his depth. The defendant is the first offender who has no criminal power, and the defendant is in the management of the hospital.