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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.
Defendant.
Reasons
1. The lower court rendered a judgment dismissing the Defendant on the violation of the Labor Standards Act concerning the victim as stated in the attached Table 2-1, 3-1, 4-1, 7-1, and 8-1 among the facts charged in the instant case.
However, each dismissed part is excluded from the scope of the judgment of this court since the prosecutor did not appeal.
Therefore, this court shall judge only the guilty portion of the judgment of the court below.
2. Summary of grounds for appeal;
A. The punishment of 8 months of imprisonment and 5 million won of fine imposed by the lower court is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
3. Ex officio determination
A. Ex officio, the court below applied Articles 109(1) and 36 of the Labor Standards Act to the whole amount of arrears, such as wages, among the facts charged in the instant case.
However, according to Articles 109(1) and 36 of the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 2011; hereinafter the same) and Article 34 of the amended Labor Standards Act, the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 201) enacted by Act No. 7339, Jan. 27, 2005; hereinafter the same) and Article 34 of the amended Labor Standards Act, the employer’s punishment for unpaid retirement benefits for employees on or before July 26, 2012, when the current Guarantee of Workers’ Retirement Benefits Act enters into force after the enforcement date of the aforementioned Act,
(1) The court below's application of the Labor Standards Act as to the unpaid portion of retirement allowances to workers in the facts charged of this case is erroneous in its application, and the remaining facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act, since the facts charged are identical in itself and there is no possibility of substantial disadvantage to the defendant's exercise of his/her right to defense.