The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.

2. The Defendant’s criminal liability is not less than the Defendant’s criminal liability in that the Defendant had been punished five times for the same offense, and that the Defendant did not pay wages, annual settlement refunds, and retirement allowances with the lapse of more than one year from the date of his/her retirement, and that the unpaid amount is a large amount.

However, the Defendant agreed with three workers in the lower court, and agreed with all of three workers in the first instance.

The crime of this case cannot be prosecuted against the clearly expressed will of the victim, and if the defendant agreed with the above three persons at the court below, the defendant would not be punished.

The defendant has been living in prison for a certain period of time against the defendant.

In full view of the aforementioned circumstances, Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the lower court is somewhat unreasonable.

3. As the appeal by the defendant is well-grounded, the guilty part of the judgment below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant shall be ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act applicable to facts constituting an offense (a violation of the duty to liquidate money or goods), Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to liquidate money or goods), and Articles 44 Subparag. 1 and 44 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a violation of each Labor Standards Act, between a violation of each Labor Standards Act and a violation of each Labor Standards Act of the Guarantee of Retirement Benefits for Workers, and a punishment imposed on a violation of each Labor Standards Act of which the quality of the crime is heavier

1. Selection of each alternative fine for punishment;