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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall be imposed on the defendant.
Reasons
1. Of the facts charged in this case, the court below dismissed the prosecution on this part on the ground that the above workers withdrawn their expression of intent to punish the victimized workers under Articles 1 through 9, 11 through 21, 23, 24, 25, 28, 36, 37, 38, 38, and 49 of the Labor Standards Act, among the facts charged in this case, on the grounds that the above workers voluntarily expressed their intent to punish after the prosecution, and sentenced all of the remaining facts charged.
However, since the defendant appealed only for the guilty portion on the grounds of unfair sentencing as follows, and the dismissal of the public prosecution is separated and finalized, the scope of this court's judgment is limited to the conviction portion of the judgment below
2. The summary of the grounds for appeal (defendants) of the lower court’s punishment (one year of suspended sentence for four months of imprisonment) is too unreasonable.
3. Determination of the Defendant did not pay KRW 61,314,00 in total for 21 workers within 14 days from the date of retirement without any agreement on extension of the payment term, and each of the crimes of this case in which two workers did not pay advance notice of dismissal, and the Defendant did not agree with some of the workers, etc. is disadvantageous.
On the other hand, the court below agreed with the damaged workers who did not pay the advance notice of dismissal in the court below, and agreed with 12 workers who did not pay the advance notice of dismissal in the court below, and further agreed with 5.7 million won in total, the wages that did not actually have been paid to 9 workers who did not agree, and there are circumstances to take some of the circumstances into account in the course of the crime, and there are no criminal records exceeding the punishment or fine imposed on the defendant due to the violation of the Labor Standards Act.
In full view of these circumstances and all of the sentencing conditions shown in the instant argument, the lower court’s punishment is deemed to be too unreasonable.
4. Accordingly, the defendant's appeal is justified.