The defendant's appeal is dismissed.

The lower court rendered a judgment of dismissal of prosecution on the violation of the Labor Standards Act and violation of the Guarantee of Workers' Retirement Benefits Act as stated in the attached Table Nos. 3, 4, 7, 9, 11, 12, 16, 17, 21, 23, 24, and 26 among the facts charged in the instant case, and on the remainder of the facts charged.

Since the defendant appealed only for the guilty part, and the part of the dismissal of the above dismissal of the public prosecution is separated or finalized, the above dismissal of the public prosecution shall be excluded from the scope of

Summary of Grounds for Appeal

The punishment of the court below (limited to six months of imprisonment and fine of 300,000 won) is too unreasonable.

Judgment

The part of the facts charged in this case against the employee D among the facts charged in this case where the employee D expressed his/her intent not to punish the Defendant by mutual consent with the employee D is an offense falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the same Act. However, the expression of intent not to withdraw or punish the Defendant who wishes to be punished in the crime of non-compliance can only be deemed to have been made before the judgment of the court of first instance is rendered (Article 232(3) and (1) of the Criminal Procedure Act). Thus, this part of the indictment cannot be dismissed despite the employee D’s expression of intent not to punish the Defendant at the court of first instance.

Therefore, the expression of the employee D's intention to not punish the defendant should be considered only in the circumstances favorable to the defendant.

One point is the favorable situation.

However, even though the defendant had been punished several times due to the violation of the Labor Standards Act due to the payment of wages, he/she again commits each of the crimes of this case during the same repeated crime period, and up to the trial.