The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of KRW 5,00,00) of the original judgment is too unreasonable.

2. Where an ex officio determination employer fails to pay wages and retirement allowances to a retired worker within 14 days from the date on which the ground for such payment occurred, the crime of violating the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits is established. Each of the above crimes is an ordinary concurrent relationship due to one act.

According to the records, criminal facts of the judgment of the court below are not paid wages and retirement allowances to workers retired from two enterprises that the defendant operated without special circumstances within 14 days from the date on which each cause for the payment occurred. This is each one of the acts that committed a violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act.

The court below erred by misapprehending the legal principles on the number of crimes, thereby adversely affecting the conclusion of the judgment.

3. 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, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse;