The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

except that this shall not apply.

1. The lower court rendered a judgment dismissing each of the facts charged against the Defendant as to the violation of the Labor Standards Act related to Workers B, C, D, E, F, G, H, I, J, K, and L, and the violation of the Guarantee of Workers' Retirement Benefits Act. Of the lower judgment, the prosecutor did not appeal against the dismissed part of the lower judgment.

Therefore, since the dismissal of public prosecution without appeal is separated and confirmed as it is, the scope of this court's judgment is limited to the guilty part of the judgment below.

2. The summary of the grounds for appeal (legal scenarios, unreasonable sentencing) presented a written agreement with workers P, but the lower court erred and convicted the Defendant.

In addition, the punishment of the court below (the fine of 1.5 million won) is too unreasonable.

In the statement of grounds for appeal, the Defendant argued that “The Defendant made best efforts to resolve the overdue wages and retirement allowances of workers, so that it would be the State time by cutting the tolerance to the maximum extent possible taking into account such favorable circumstances.” The foregoing assertion is to be deemed to the effect that the lower court’s punishment is too unreasonable and the appeal is to be lodged.

3. Determination

A. According to Article 232(1) and (3) of the Criminal Procedure Act as to the assertion of misunderstanding legal principles, the withdrawal of declaration of intent to punish in a crime subject to prosecution subject to prosecution subject to prosecution subject to prosecution can only be made before the judgment of the court of first instance is rendered. Therefore, in a case where a complaint is revoked after the judgment of the court of first instance or a declaration of intent wishing to punish is withdrawn, the dismissal of prosecution pursuant to Article 327(5) through (6)

In addition, the withdrawal of the declaration of intent to revoke or punish a complaint is a legal act against the investigation agency or the court, so it should be done with the investigation agency in charge of the case of complaint and the court of the lawsuit after the prosecution.

Supreme Court Decision 200