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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. The lower court convicted the Defendant of the violation of the Labor Standards Act against the worker F among the facts charged against the Defendant, and sentenced the Defendant to a fine of KRW 2 million, and dismissed the prosecution against the violation of the Labor Standards Act against the worker B.
As to the judgment of the court below, the defendant appealed against the conviction portion on the grounds of mistake of facts and unreasonable sentencing, and the prosecutor did not appeal.
Therefore, the dismissal part of the judgment of the court below in this case is separated from the prosecutor's appeal, and thus, it is limited to the conviction part of the judgment below.
1. Summary of grounds for appeal;
A. misunderstanding of facts: (a) the Defendant paid F in excess of the amount of wages and bonuses; (b) the Defendant made an oral agreement with F to not pay the amount of retirement pay; and (c) the Defendant’s operating company did not have to pay retirement pay only three to four full-time employees.
Nevertheless, the judgment of the court below which convicted the defendant is erroneous in the misapprehension of the judgment.
B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.
2. Prior to the judgment ex officio on the grounds of appeal by the defendant, prior to the judgment of the court below on the grounds of appeal by the defendant, the prosecutor examined the case ex officio, and the prosecutor applied for changes in indictment to the facts charged against the defendant as stated in the following facts. This court permitted this and thus changed the subject of the judgment. Thus, the conviction part of the judgment below cannot be maintained any more.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio reversal.
3. Judgment on the assertion of mistake of facts
A. Admissibility of evidence.