A. The wage agreement, based on which the prosecutor (1) misjudgment of facts (not guilty part), provides that the defendant shall pay only a weekly holiday allowance which does not reach the paid holiday per week even if the worker performs his/her normal duty. In light of the size and operation period of the taxi company operated by the defendant, the above wage agreement was null and void since the defendant was in violation of the Labor Standards Act, and thus, the defendant was aware that the above wage agreement was null and void. Thus, even though the defendant could sufficiently be recognized the intention of partial non-payment of the weekly holiday allowance, the court below acquitted the defendant on the violation of the Labor Standards Act among the facts charged in the instant case, which affected the conclusion of the judgment.

(2) In light of the fact that part of the acquittal portion of the Defendant’s judgment on unreasonable sentencing is unreasonable, the sentence imposed by the lower court (fine 500,000) is too uneasible and unreasonable.

B. The Defendant (definite, guilty) paid the full amount of retirement allowances calculated according to the amount actually paid to the employee E for the last three months, which, at the time of the payment of retirement allowances, the Defendant would be entitled to the wage agreement concluded on October 28, 201 with the Gyeongnam Regional Headquarters of the Korea Taxi Industry and Trade Union (hereinafter “the wage agreement concluded on October 28, 201”) with the Defendant at the time of the payment of the retirement allowances.

In accordance with the Minimum Wage Act, there is no amount of retirement allowance payable to E because it is the amount calculated so that it does not go against the Minimum Wage Act, and the defendant is found guilty of violating the Act on the Guarantee of Workers' Retirement Benefits, among the facts charged in the instant case, even though he did not have any intention to commit an unpaid retirement allowance, in the circumstances where it is not possible to conduct collective bargaining with the Korean taxi industry trade union recognized as the representative trade union by the decision of the Regional Labor Relations Commission at the time, while applying the wage agreement as of October 28, 201.