The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The fact that the Defendant’s paid wages and retirement allowances to workers amount to approximately KRW 600,000,000, and the aforementioned unpaid wages and retirement allowances have not been paid is disadvantageous to the Defendant.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant recognized all the crimes of this case, the fact that the defendant committed the crime of this case, the circumstance that the defendant could not pay wages and retirement allowances to workers due to the deterioration in the management of the hospital of this case, and the fact that the above workers expressed their intent not to be punished by the defendant by mutual agreement with 41 workers at the trial, and that the defendant had no record of criminal punishment before and after the crime of this case, and that some damages have been recovered through substitute payment, etc., the court below's punishment is too too unreasonable and it is recognized that the defendant's argument of this case and the sentencing conditions specified in the records are unfair. Thus, the prosecutor's assertion has merit and without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(Inasmuch as the judgment of the court below is reversed on the same ground as above, the prosecutor’s appeal shall not be dismissed separately. Criminal facts and summary of evidence recognized by the court are identical to facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance

Application of Statutes

1. Each of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) regarding criminal facts.