The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal of this case is that the defendant's refusal to pay night labor allowances of this case is based on the agreement between the parties in violation of the Labor Standards Act, which is a mandatory law, and in light of the size of D Co., Ltd. (hereinafter "D") operated by the defendant, it was practically impossible for workers in a social weak person to raise an objection to the above agreement, which is legally null and void. Therefore, there is considerable reason that the defendant has not paid night labor allowances of this case

As can not be seen, even if the Defendant had the intent to commit a crime of violation of the Labor Standards Act, the lower court acquitted the Defendant of the instant facts charged by misconception of the fact.

2. If there is any ground for dispute over the existence of the obligation to pay wages, etc., such as wages, there exists a reasonable ground that the employer has not paid such wages, etc.;

Therefore, the employer had the intent to commit a crime of violation of Articles 109(1) and 36 of the Labor Standards Act.

It is difficult to recognize the existence and scope of the obligation to pay wages, etc., and the issue of whether there is any ground for dispute as to the existence and scope of the obligation to pay wages should be determined in light of the circumstances at the time of dispute over the existence and scope of the obligation to pay wages, etc., the organization and size of the company operated by the employer, business purpose, etc., and the existence and scope of the obligation to pay wages, etc. It should not be concluded that the employer's civil liability to pay wages is recognized ex post facto (see Supreme Court Decision 2007Do1539, Jun. 28, 2007, etc.).