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The judgment below
All of the convictions and innocences shall be reversed.
A defendant shall be punished by a fine of 500,000 won.
Reasons
1. Of the facts charged in the instant case, the lower court dismissed the prosecution on the grounds that the above workers voluntarily expressed their intent to punish the Defendant, and sentenced the Defendant not guilty on the ground that the violation of the Labor Standards Act due to the failure to pay other allowances to workers B, C, and D constitutes a case where there is no proof of crime. In so doing, the lower court found the Defendant guilty of violation of the Labor Standards Act due to workers B, J, F, and G’s failure to pay advance notice of dismissal, workers B, J, J, D, and wages and retirement allowances due to unpaid retirement allowances, and sentenced the Defendant to a fine of KRW 50,000,000,000 to the Defendant. Since the part on which the prosecutor was not guilty was appealed and the dismissal of public prosecution that was not appealed by the prosecutor was finalized, the scope of the
2. As to the part of the judgment of the court below not guilty, since workers B, C, and D expressed their intent to receive the whole amount of unpaid money including other allowances, the above workers' statements should be reinforced evidence for the confession of the defendant. However, the judgment of the court below which acquitted this part of the facts charged on a different premise is erroneous in the misunderstanding of facts.
3. Determination on the grounds for appeal
A. The summary of this part of the facts charged is that the Defendant, as a representative of "I" on the 10th floor of the H building in Gyeyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, the Defendant is an employer who conducts a service business by ordinarily
The Defendant did not pay KRW 515,083, C’s other allowances, KRW 108,168, and D’s other allowances, within 14 days from the date of his retirement.
B. As to the judgment of the court below, the court below held that the defendant confessions the above facts charged in the court below, but there is no other evidence to reinforce the above confession.