근로기준법위반
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal (de facto error) and the background leading up to the work performed by the app developer D in the Co., Ltd. in the Defendant’s operation C, the content of the work performed by D in the Co., Ltd. in C, the relationship between F and the Defendant in the Co., Ltd., the Defendant, and the ordinary status of the app developer in D, etc., it can be sufficiently recognized that the Defendant has employed D. Thus, it is deemed that the Defendant, who did not pay D wages, had the intent to violate the Labor Standards Act.
Nevertheless, on the ground that it is difficult to conclude that the Defendant had an intention to commit a violation of the Labor Standards Act, the lower court acquitted the Defendant of the facts charged.
2. Examining the evidence duly adopted and examined by the court below in light of the records, the court below's decision that the defendant was innocent on the ground that it is difficult to readily conclude that the evidence of this case alone, based on the judgment of the court below, had the intention to commit a crime of violating the Labor Standards Act, is just, and the court below did not submit any new evidence corresponding to the facts charged in this case, and therefore, it does not seem that the court below erred in the misapprehension of facts as alleged by the prosecutor, which affected the conclusion
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.