The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) As to the violation of the Labor Standards Act, in the case of ① wage of KRW 2,032,258 on October 2013, G was present at D Co., Ltd. (hereinafter “D”) on October 14, 2013, not on October 21, 2013, but on October 21, 2013. However, as mentioned later, G was changed to the bill of indictment that it would have worked from October 21, 2013, and as such, G was changed to the bill of indictment that it would have worked from October 21, 2013, this part of the appeal is without need for separate judgment.

On November 2013, 2013, when the Defendant paid the pro rata wages, the Defendant paid the pro rata wages in excess of the pro rata wages by reflecting the pro rata wages on October 2013. G voluntarily entered the date of his resignation on November 1, 2013. In full view of such circumstances, the Defendant was not paid the pro rata wages on October 2013.

subsection (b) of this section.

② In the case of KRW 1 million each of the divided wages on February 2, 2015 and March 2015, G’s monthly wage is KRW 3.5 million, not KRW 2.5 million, but KRW 1 million, which the Defendant paid to G separately, was not a wage, and thus there was no unpaid wage, and even if the wage was paid, it was KRW 3.5 million per month.

Also, the Defendant paid 2.5 million won on February 2, 2015 and March 2015 as well as 2.5 million won on March 2015, and there is no unpaid wage.

③ On June 6, 2015, the indictment was amended as the unpaid wage of KRW 466,666 was changed as it was later in the first instance on June 2015.

In this case, G retired on June 14, 2015 and calculated on the basis of the above date, rather than the defendant paid wages in excess, there is no wage payable.

2) In the case of violation of the Act on the Guarantee of Workers’ Retirement Benefits, G’s wage was KRW 2.5 million per month, and thus, G’s wage did not have an obligation to pay the amount exceeding KRW 4,013,485 as calculated on the basis thereof

B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

In the case of a prosecutor, "the facts charged concerning the violation of the Labor Standards Act" among the facts charged concerning the violation of the Labor Standards Act.