All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment of the lower court (2 million won of a fine) is too unreasonable.

B. A prosecutor 1) In light of the purport of the Labor Standards Act, misunderstanding of facts and misunderstanding of legal principles, the actual working hours of B ought to be calculated excluding the mandatory working hours under the Labor Standards Act. Even if the actual working hours of B are calculated without excluding the compulsory working hours as set forth in the Labor Standards Act, such hours should be excluded from the working hours, given that B had full-time working hours, such as locked with the original students or seeing personal work. The lower court determined that the Defendant’s subsidy was lawful on the ground that B performed 6 hours of work. In so doing, the lower court erred by misapprehending the facts or misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of the facts charged by the lower court (hereinafter referred to as “the facts charged”) is that the Defendant is the president of the D Child Care Center in Ansan-si, Masan-si, and B works as a part-time teacher in the above child care center from March 21, 2016 to March 201.

A subsidy granted to a private child care teacher for at least 15 days a month, a teacher for at least eight hours a month, or a teacher for a part-time extension working for at least six hours a day, and no person shall receive a subsidy by fraud or other improper means.

Nevertheless, on March 21, 2016, the Defendant, in collusion with B, connected to the integrated childcare information system at the head of the above childcare center on March 21, 2016, entered B as a part-time teacher and received 4.30,000 won of subsidies from B in a way of claiming subsidies.