The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal by the lower court (a fine of 1.5 million won) is too unreasonable;

The defendant explicitly withdraws his allegation of mistake during the sixth trial.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

Article 1 of the Criminal Act provides that the establishment and punishment of a crime shall be governed by the Act at the time of the act. Article 109(1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter “former Labor Standards Act”) provides that “any person who violates Article 36 shall be punished by imprisonment for not more than three years or by a fine not exceeding 20 million won,” but Article 109(1) of the Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter “the Labor Standards Act”) provides that “any person who violates Article 36 shall be punished by imprisonment for not more than three years or by a fine not exceeding 30,000 won.”

Therefore, even though the former Labor Standards Act, which is a corporation at the time of the act, is applied to each of the facts charged in this case, the court below erred in misapprehending the legal principles that determine the punishment for the defendant by applying the new law, so the judgment of the court below cannot be maintained any more in

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above reasons for the reversal of authority, and the judgment below is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 1060, Dec. 1, 201; Act No. 11014, Feb. 1, 201)