The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, the court below reversed the judgment of the court of first instance which found the Defendant guilty on the charge of violating the Labor Standards Act among the facts charged in this case on the grounds as stated in its holding and sentenced not guilty. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles

In addition, the crime of violation of Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act and the crime of violation of Articles 109 (1) and 36 of the Labor Standards Act due to the difference in the minimum wage and the unpaid payment of the allowance should be considered as a commercial concurrent crime under Article 40 of the Criminal Act. However, the court below erred by misapprehending the legal principles as to the number of crimes committed in violation of the Labor Standards Act among the facts charged in the instant case. However, the court below found the defendant guilty only for the violation of the Guarantee of Workers' Retirement Benefits Act among the facts charged in the instant case.

As a result, this part of the grounds of appeal cannot be accepted, since there is no difference in the scope of the applicable sentences, and thus, the lower court’s error affected the conclusion of the judgment.

On the other hand, the prosecutor appealed the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and no statement of the grounds for appeal is found in the appellate brief.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.