beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The lower court, among the facts charged in the instant case, dismissed the public prosecution against the violation of the Labor Standards Act against F, G, H, I, J, K, M, M, M, P, Q, Q, T, U, V, X, Y, Z, AA, AB, AC, AD, AD, AE, AE, AF, AH, AH, AJ, AJ, AL, and AM, respectively, and convicted and acquitted the remainder of the facts charged.
However, although the prosecutor submitted the petition of appeal stating the scope of the appeal as "total", the prosecutor does not state the grounds for appeal as to the dismissal of public prosecution in the judgment below, and the grounds for appeal stating that "the grounds for appeal" are only "the factual errors and unfair sentencing", it is reasonable to deem that the dismissal of public prosecution was not dismissed.
The judgment below
Since the judgment of the court below was separated and finalized due to the failure of both the defendant and the prosecutor to appeal the part of the dismissal of public prosecution, the scope of this court's judgment is limited to the part of the judgment of conviction and acquittal.
2. Summary of grounds for appeal;
A. As to the violation of the Labor Standards Act with respect to the violation of the Labor Standards Act against B, C, and D and the violation of the Labor Standards Act with respect to the payment of KRW 1,770,000 for September 15, 2016 among the facts charged in the instant case of mistake of facts, comprehensively considering the evidence submitted by the prosecutor, it can be sufficiently recognized that the Defendant is obliged to pay the wages to the employees at the instant construction site work site of this case who worked after September 15, 2016, and even if the original CheongU temporarily paid the wages to the employees with the consent of the Defendant, it cannot be deemed that the Defendant’s obligation to pay wages has ceased to exist since that
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
(b).