The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than five months and a fine not exceeding 500,000 won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles (1) The victims stated in each facts charged are not all workers under the command and supervision of the defendant, but all unregistered business operators dealing with entrusted affairs in an independent position.

(2) No housework shall be used.

[2015 Highest 2063] Of the facts charged in the case, with respect to the violation of the Labor Standards Act due to the failure to pay annual paid leave allowances for victims D, H, I, J, K, and L, the “C beauty service room” operated by the Defendant (hereinafter “instant beauty service room”) did not manage annual paid leave for Hodiers and Meders, such as the said victims, and therefore, the facts charged in this part cannot be acknowledged.

③ Of the facts charged in the instant case, with regard to the violation of the Minimum Wage Act on January 1, 2015 and February 2, 2015 against the victim E, and the violation of the Labor Standards Act due to the difference, the victim E was employed on November 25, 2014 and was still in the probation period until February 2015, and only wages exceeding 90% of the minimum wage amount are paid to workers during the probation period. The Defendant paid wages exceeding 90% of the minimum wage amount on January 2 and February 2015, 2015, and thus, this part of the facts charged cannot be recognized.

④ As to the violation of the Labor Standards Act due to non-payment of overtime allowance among the facts charged in the case [2017 order536] and the violation of the Labor Standards Act due to non-payment of overtime allowance to the injured U among the facts charged in the case [2017 order 2086], and the violation of the Guarantee of Workers' Retirement Benefits Act which is calculated by including the above overtime allowance in the average wage (attached Table 2 No. 6) and the violation of the Guarantee of Workers' Retirement Benefits Act which is calculated by including the above overtime allowance in the average wage, the injured party E and U.

(5) A victim among the facts charged in the case [2017 order2086]